Phone and 9-1-1 Terms of Service

Credit and Security Deposit

1. OpenMobile reserves the right to examine your credit records at any time, whether before or after providing you the Services and may require a deposit or request other payment requirements such as interim payments at any time at OpenMobile’s discretion.
2. In twelve-month intervals, or whenever a customer requests, OpenMobile will reassess the need for retaining a customer’s security deposit. A security deposit will be credited to a customer’s account after at least 12 consecutive months in good standing on all accounts with OpenMobile.

Address

The customer may contact or visit the OpenMobile Business Office to obtain information, make complaints or pay bills:

OpenMobile
PO BOX 18
Gibson, BC V0N 1V0
info@openmobile.ca
Business hours are Monday to Friday, 8:00 am to 5:00 pm.

Message Relay Service

1. Message Relay Service is a text-based service that allows people with a hearing or speech impairment initiate phone calls with the help of an operator. Service access is done via a secured web page (chat interface) and requires Internet access and a compatible device for use. A specially trained operator will assist you by connecting your call to the intended hearing party and once connected relay the typed conversation by voice. You must properly register for Message Relay Services as indicated on the OpenMobile website. We currently do not offer Message Relay Services outside Canada. Service is available 24/7 but subject to network availability, which may be affected by lack of Internet connectivity, power outages, and other interruptions in service. OpenMobile makes no warranties that the service will be error free, uninterrupted or that defects in the service will be corrected. See Section 3 (Service Interruption) and Section 9 (9-1-1 Emergency Service) for additional information on 9-1-1 and Message Relay Service
2. There is no charge to the customer for this service. For more information and limitations about Message Relay Service, customers may contact the OpenMobile business office.

9-1-1 Emergency Service

OpenMobile provides VoIP (Voice over Internet Protocol) 9-1-1 service to customers. The nature of VoIP telephone calls, while supporting similar functions as traditional telephone services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including limitations affecting 9-1-1 emergency services.

Differences between traditional 9-1-1 service and VoIP 9-1-1

With traditional phone services, your 9-1-1 call is sent directly to the nearest emergency response centre. With VoIP phone service, your 9-1-1 call is forwarded to a third-party service provider that will automatically or manually route the call to the emergency response centre.

Placing 9-1-1 Calls

When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.

How Your Information is Provided

The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.

Correctness of Information

You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.

Disconnections

You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.

Connection Time

For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.

9-1-1 Calls May Not Function

For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

1. Failure of service or your service access device – if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and
2. Changing locations – if you move your system access equipment to a location other than that described in your account information or otherwise on record with OpenMobile.

Alternate Services

If you are not comfortable with the limitations of 9-1-1 emergency calls, OpenMobile recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.

Inform Other Users

You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.

Liability

You are advised to review this section with respect to OpenMobile’s limitations of liability.

You expressly release OpenMobile, its employees, officers, directors, agents, contractors and shareholders from all losses whether direct or indirect, and any claim, liability, damages or costs suffered by the customer or anyone who uses the Service which arises as a result of an inability of any person to place a 9-1-1 call or as a result a failed or delayed response by emergency 9-1-1 response services and the customer expressly indemnifies and saves OpenMobile, its employees, officers, directors, agents, contractors and shareholders, harmless from any claim made by any person as a result of, or arising out of, the inability of any person to place a 9-1-1 call or as a result a failed or delayed response by emergency 9-1-1 response services.

In addition to the above, remember:

• Do not disconnect: Until you are told to do so by an emergency dispatcher, do not disconnect your 9-1-1 call. If you are inadvertently disconnected, call back immediately.
• Keep your service address up to date: OpenMobile will attempt to provide the emergency operator with your service address, so please ensure that your information on file with us is always accurate and updated. If you do not do this (for example, if you are unable to speak during a 9-1-1 call), the emergency operator may assume that you are calling from the last registered address.

Local Calling Area

1. Basic residential and business telephone services provide local calling within the local calling area of the customer’s exchange.
2. For all other residential and business telephone services, most landline and mobile destinations across the ten Canadian provinces are considered local calls. For a list of destinations that are excluded, please contact OpenMobile. Unlimited calling plans are subject to OpenMobile’s Acceptable Use Policy that is applicable to the Services and may exclude certain call types for which additional charges apply.

Privacy and Call Management Features

Call Management services such as Call Display, Call Return, Call Answer and Visual Call Waiting provides telephone number information to the called party.

If you have concerns with these features or wish to deactivate them when placing calls, please contact OpenMobile for more information (service charges may apply).

Call Management Features

Call Management features that are designed to help protect a customer’s privacy and are offered by OpenMobile include:

• Delivery of the privacy indicator when invoked by an end customer;
• Provision of per line call display blocking to qualified end customer;
• Disallowance of Call Return to a blocked number;
• Enforcement of the CRTC’s restriction on Automatic Dialing Announcing
• Devices, Automatic Dialing Devices and unsolicited facsimiles; and
• Provision of universal Call Trace.

Directory Policy

Customers may receive a copy of a current local telephone directory upon request to OpenMobile. The contents of directories may not be published or reproduced in any form without written consent. In the case of errors or omissions in directory standard listings, whether or not the error or omission is with regard to a telephone number, OpenMobile’s liability is limited to making a refund or canceling any charge associated with such listings for the period during which the error or omission occurred.

Disclosure of Customer Listing Information

In accordance with CRTC requirements, OpenMobile makes customers’ names, addresses and telephone numbers available to publishers of paper and electronic directories and to providers of operator services. The name, address and telephone number can be omitted from these directories/services by requesting, and paying for, a non-published telephone number.

Non-Published Numbers

Non-published numbers do not appear in the telephone directory and are not available for directory assistance operators. Non-published numbers are included in emergency 9-1-1 databases.

Confidentiality of Customer Records

Unless you provide express consent or disclosure pursuant to a legal power, all of your information kept by OpenMobile, other than your name, address and listed telephone number, are confidential and will not be disclosed by OpenMobile to anyone other than:

• you;
• a person who, in the reasonable judgement of OpenMobile, is seeking the information as your agent;
• another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;
• a company involved in supplying the customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or
• an agent retained by OpenMobile to evaluate your creditworthiness or to collect the account, provided the information is required for, and is to be used only for, that purpose.
• a public authority or agent of a public authority, if in the reasonable judgement of OpenMobile, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.

Express Consent

Express consent may be taken to be given where you provide:

• Written consent;
• Oral confirmation by an independent third party;
• Electronic confirmation through the use of a toll-free number; or
• Electronic confirmation via the Internet.

Certain of your information may also be released to a law enforcement agency, if OpenMobile is required to comply with a request for the information. You authorize us to gather information on your credit experience from other suppliers. You also authorize us to provide credit experience information with your account with us to third parties.

OpenMobile’s Provision of Services

OpenMobile is not required to provide the Services where:

• The Service Location is located outside of OpenMobile’s service area;
• You have failed to make payment of the amounts due for the Services and/or the Rental Equipment; or
• OpenMobile would have to incur unusual expenses to bring the Services to the Service Location, which you do not agree to pay.

Software and Firmware Updates

You expressly agree to receive software and firmware updates in relation to the Services. Such updates may change, add, or remove features and/or functionalities of the Equipment and/or the Services.

OpenMobile Account

An OpenMobile Account may only be registered by the customer subscribing to the Services. You are responsible for any and all Secondary OpenMobile account holders added to the account and for ensuring their compliance with these Terms of Service and the Acceptable Use Policy applicable to the Services, to the extent such terms relate to their use. You agree to communicate any and all applicable notices from OpenMobile to the Secondary account holders. You may only provide your immediately household members with a Secondary account.

If Moving

If you are moving, you are responsible to notify OpenMobile at least 30 days prior to the date you are moving. If you move to a location that is outside of the area served by OpenMobile and are not subject to a service agreement, these Terms of Service shall be terminated and you must return all Rental Equipment to OpenMobile. If you are a OpenMobile Digital Phone subscriber and you move to a new location within OpenMobile’s serving area and you wish to transfer the OpenMobile Digital Phone Services, including your current telephone number to the new premises, you must give OpenMobile a minimum of 15 calendar days advance notice. You may only transfer your telephone number within the same exchange area. The ability to transfer the Services to a new location is dependent on the availability of the Services at the new location and subject to change depending on the available channel lineup, packages and pricing in the new location.

Customer-Initiated Termination

You may terminate the Services at any time by notifying OpenMobile by phone at 1-855-955-9434 of your desire to terminate or by logging into your building’s online portal and clicking the cancel service button.

You agree that if the Services are terminated for any reason you will:

• Pay OpenMobile in full for any amounts due and outstanding for your use of the Services, plus applicable taxes, including any applicable early termination fees; and
• Return any OpenMobile-installed Equipment to OpenMobile.

On or after expiry or termination of the Services for any reason, if your account has a credit balance, this credit balance will not be automatically refunded to you when Services expire or are terminated. It is your responsibility to keep us informed of any change in your mailing address or credit card details. Your failure to inform us of any such changes will, in the event that any refund cheque mailed to you is returned as undeliverable or any refund to your credit card is unsuccessful, result in the forfeiture to OpenMobile of the credit balance amount.

OpenMobile-Initiated Termination or Suspension

OpenMobile may restrict, block, suspend or terminate all or any part of the Services immediately where you:

1. Fail to make timely payment on your account for the Services and, in the case of a termination, such failure has continued for more than 60 days;
2. Become bankrupt or otherwise insolvent;
3. Fail to provide OpenMobile with reasonable entry and access to install, inspect, repair, replace or to perform necessary maintenance on the Rental Equipment, or OpenMobile’s facilities or network;
4. Are in breach of any term or condition of these Terms of Service or of OpenMobile’s Acceptable Use Policy applicable to the Services that you subscribe to; or
5. If you relocate, alter, abuse or disconnect the Rental Equipment.

For the situations listed above, OpenMobile will attempt to notify you using the information shown on your account stating the reason and date scheduled for the suspension or termination.

Despite the above, OpenMobile will not provide you notice of a proposed restriction, block, suspension or termination:

1. If immediate action must be taken to protect OpenMobile’s facilities, Rental Equipment, or network, or if suspension is required by legal requirement, court order, ordinance or regulatory authority;
2. If OpenMobile believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination;
3. If you misuse or abuse or permit others to misuse or abuse the Services for purposes that are contrary to law, these Terms of Service or OpenMobile’s Acceptable Use Policy applicable to the Services you subscribe to; or
4. In an emergency situation.

If all or any part of the Services are restricted, blocked, suspended or terminated for cause, OpenMobile is not obligated to restore the Services.

If OpenMobile agrees to restore your Services, a reconnection service charge may be applied. OpenMobile cannot guarantee the availability or resumption of any previous telephone numbers following a suspension or termination of the Services. Any phone disconnection will be conducted in compliance with the CCTS Deposit and Disconnection Code.

On or after expiry or termination of the Services for any reason, if your account has a credit balance, this credit balance will not be automatically refunded to you when Services expire or are terminated. It is your responsibility to keep us informed of any change in your mailing address or credit card details. Your failure to inform us of any such changes will, in the event that any refund cheque mailed to you is returned as undeliverable or any refund to your credit card is unsuccessful, result in the forfeiture to OpenMobile of the credit balance amount.

OpenMobile's Liability

OpenMobile shall not be liable for:

1. Any interruption or unavailability of the Services, including, without limitation, any interruption or unavailability of emergency 9-1-1 service;
2. Any act or omission of any third party including, but not limited to, any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities or services;
3. Your conduct, acts or omissions;
4. Any event beyond the reasonable control of OpenMobile including acts of God, inclement weather (including lightning), power failures, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
5. OpenMobile’s failure, for any reason, to activate the Services on the activation date you requested or date provided to you by OpenMobile;
6. Any defacement of, or damage to, the Service Location resulting from the attachment of any instruments, apparatus or associated wiring and/or the Rental Equipment furnished by OpenMobile, or removal thereof, when such defacement or damage is not wholly caused by OpenMobile’s negligence; and
7. Any damages you incur as a result of the operation or failure of Your Equipment, facilities, wiring or other devices you use with the Services, including without limitation if any of Your Equipment, facilities, wiring or other devices that you use with the Services are now or later become incompatible with the Rental Equipment and/or the Services.

Limitation of Liability

1. IN THE EVENT OF ANY BREACH BY OPENMOBILE, INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR ANY NEGLIGENCE BY OPENMOBILE, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM OPENMOBILE PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL TO THE FEES PAID BY YOU TO OPENMOBILE IN THE PAST THREE MONTHS FOR THE SERVICES.
2. UNDER NO CIRCUMSTANCES SHALL OPENMOBILE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THESE TERMS OF SERVICE, INCLUDING YOUR USE OF THE RENTAL EQUIPMENT AND/OR SERVICES, OR YOUR RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE OR MATERIAL VIEWED OR PROVIDED ON OR THROUGH USE OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN RECEPTION OR TRANSMISSION OR FAILURE OF PERFORMANCE OF THE SERVICES.
3. OPENMOBILE SHALL NOT BE LIABLE FOR, AND YOU SHALL INDEMNIFY AND SAVE OPENMOBILE HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS OR JUDGMENTS HOWSOEVER ARISING OUT OF ANY OF THE FOLLOWING:
   1. CLAIMS FOR LIBEL, SLANDER, INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY OR BASED ON ANY OTHER LEGAL THEORY WHATSOEVER ARISING FROM THE MATERIAL, DATA OR CONTENT FROM THE SERVICES;
   2. ANY LOSSES, DAMAGES, EXPENSES OR COSTS (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM, ACTION OR OTHER PROCEEDING BASED ON A CONTENTION THAT THE USE OF THE RENTAL EQUIPMENT AND/OR THE SERVICES BY YOU OR A THIRD PARTY INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; OR
   3. CLAIMS BY THOSE TO WHOM YOU PROVIDE ACCESS TO THE RENTAL EQUIPMENT AND/OR THE SERVICES.
4. FOR THE PURPOSES OF THIS SECTION, ANY REFERENCE TO OPENMOBILE SHALL INCLUDE OPENMOBILE, ITS PARTNERS OR ASSOCIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS.

Limited Warranty

ALL RENTAL EQUIPMENT AND THE SERVICES ARE PROVIDED BY OPENMOBILE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. OPENMOBILE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE RENTAL EQUIPMENT AND/OR THE SERVICES. OPENMOBILE DOES NOT WARRANT THAT ANY DATA OR COMMUNICATION SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON OR FROM THE SERVICES ARE FREE OF DEFECT, ERROR OR VIRUSES. OPENMOBILE DOES NOT WARRANT THE CONTENT, INCLUDING WITHOUT LIMITATION CONTENT OF ANY PROGRAMMING AND/OR ADVERTISING THAT IS ACCESSIBLE ON OR FROM THE SERVICES. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION, PROGRAMMING, ADVERTISING, CONTENT OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.

Disputes and Governing Law

1. ANY DISPUTES OR CLAIMS (“CLAIMS”) WHATSOEVER BETWEEN OPENMOBILE AND YOU WILL BE REFERRED TO AND DETERMINED BY ARBITRATION TO THE EXCLUSION OF THE COURTS. IF YOU HAVE A CLAIM YOU SHOULD GIVE WRITTEN NOTICE TO ARBITRATE TO OPENMOBILE AT PO BOX 27005, KITCHENER, ONTARIO, N2E 3K2 ATTENTION: LEGAL DEPARTMENT. ARBITRATION WILL BE CONDUCTED BY ONE ARBITRATOR PURSUANT TO THE LAWS AND RULES RELATING TO COMMERCIAL ARBITRATION IN THE PROVINCE IN WHICH YOU RESIDE THAT ARE IN EFFECT ON THE DATE OF THE NOTICE. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST OPENMOBILE RELATED TO ANY CLAIM. YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST OPENMOBILE. IF OPENMOBILE HAS A CLAIM, OPENMOBILE WILL GIVE YOUR NOTICE TO ARBITRATE AT YOUR BILLING ADDRESS. IF THE CLAIM RELATES TO A MATTER THAT SHOULD BE BROUGHT BEFORE THE CANADIAN RADIOTELEVISION AND TELECOMMUNICATIONS COMMISSION (CRTC) OR OTHER CUSTOMER COMPLAINTS BODY SET UP TO ADDRESS SUCH MATTERS, YOU AGREE THAT THE CRTC OR SUCH BODY WILL RESOLVE THE CLAIM. THIS PARAGRAPH IS SUBJECT TO ANY PROHIBITIONS UNDER APPLICABLE LAW.
2. THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE IN WHICH YOUR BILLING ADDRESS IS LOCATED AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. THESE TERMS OF SERVICE CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE AND SUPERCEDES AND REPLACES ANY AND ALL PRIOR WRITTEN OR VERBAL UNDERSTANDINGS.

Commissioner for Complaints for Telecommunications Services (CCTS)

1. CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their broadcasting and telecommunications services, free of charge. If you have a complaint about your telephone, wireless, internet or TV service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you.
2. To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.

General

1. You may not assign, resell or transfer the Rental Equipment or the Services to any person without prior written consent of OpenMobile. These Terms of Service will ensure to the benefit of, and be binding upon, your respective heirs, executors, administrators, successors and permitted assignees and for the purpose of OpenMobile shall benefit to any party that controls, is controlled by or under common control with OpenMobile.
2. Upon termination of these Terms of Service, all accrued obligations or liabilities and the provisions which by their nature are intended to continue beyond such termination will remain in effect. Without limiting the generality of the foregoing, the terms of OpenMobile Acceptable Use Policy applicable to the Services you subscribed to shall survive the expiration and/or earlier termination of these Terms of Service.
3. The failure of either party to insist upon strict interpretation of these Terms of Service or to exercise any options set out in these Terms of Service, shall not act as a waiver of any right or option, but the same shall continue to be in full force and effect. No waiver by either party of any breach shall be effective unless expressed in writing.
4. OpenMobile does not grant you any right to use OpenMobile's logos, trademarks or trade names in any manner unless OpenMobile gives you prior written consent and/or grants you an appropriate license to use.
5. Confidentiality
   Subject at all times to OpenMobile’s Privacy Policy, OpenMobile may disclose any information as is necessary to:
   1. satisfy any legal or regulatory requirement or governmental request;
   2. obtain, deliver, operate and market the Services; or
   3. protect OpenMobile or its customers.