Digital Home Phone Service Terms and Conditions

1. Definitions

“Services” are any and all of the Digital Home Phone and related product offerings provided by ENGINET. “You” means the subscriber to any Services including any person, firm, corporation or other entity that utilizes the Services. “Equipment” means the equipment provided to you by ENGINET for the purpose of providing and facilitating the Services. By use of the Service, you acknowledge having read and understood these Terms and Conditions and…

2. Term and Termination

Service is either offered on a month to month basis, or for a term agreed upon activation of the service by ENGINET. Any subsequent terms will renew automatically on a monthly basis unless You give ENGINET notice of non-renewal at least thirty (30) days before the end of the monthly term in which month the notice is given.

3. Use of Services and Responsibility for Charges

You may use the Services and Equipment for any purpose, provided that you do so in compliance with all applicable laws and regulatory requirements in Canada or the law governing the locality where You are using the Equipment. ENGINET in its sole discretion reserves the right to terminate the Service immediately and without advance notice if ENGINET, in its sole discretion, believes that You have violate this clause. You are responsible for paying all charges for the Services, including all monthly fees, and related services made via your telephones or telecommunications systems. If You subscribe to other Services offered by ENGINET you will be governed by the Terms and Conditions for that specific Service.

4. Acceptable Use

If you subscribe to any of the Unlimited Long Distance Plans, you may not use the Services for anything other than normal residential use. You may not resell the Services or use for commercial purposes, or receive any charge of benefit for the use of the Services. You may not share or transfer your Services without ENGINET’s express consent.

5. Equipment

The Equipment provided to you is the property of ENGINET and You agree not to change, reset, or tamper with this Equipment. For any violation of this clause ENGINETreserves the right to terminate your Service immediately and bill you for any charges owing on your account.

6. Charges and Payment Charges

Charges will commence as of the activation date for the applicable Services and are payable monthly in advance. ENGINET will take payment on Your account based on the approved method of payment set up by you with ENGINET. An administrative fee will be charged to any payment returned for non-sufficient funds (“NSF”). You are responsible for payment to ENGINET of charge(s) for Service(s) and Equipment furnished to you. ENGINET will send statements through e-mail and posting the information on their web portal. ENGINET will not mail any bills or statements unless expressly agreed to. You must bring inquiries and disputes regarding charges to ENGINET’s attention within 45 days of the charge date or you will be deemed to have accepted the charge as accurate in all respects. Where your Services are cancelled, either by you or by ENGINET, and there is an undisputed credit balance on your account, you may, between the 60th and 180th day after cancellation, require that it be applied to any ongoing or new Services provided to you within 180 days of the cancellation, or that it be refunded to you. If you do not claim your credit balance within the 180 day period, it shall become the property of ENGINET, and any account credits provided by ENGINET will expire. ENGINET reserves the right to charge a reasonable processing fee in connection with issuing refunds.

7. Term

ENGINET Services are provided on a monthly basis unless an express term was agreed to upon sign up of the services. If You do not want to have the Service(s) for the term agreed upon, you will be billed the difference between the cost of the services based on a monthly term and any discount pricing received by You for entering into a longer term for the Service(s).

8. Credit

ENGINET reserves the right to examine your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to you. By subscribing to the Services, you authorize ENGINET to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as ENGINET may reasonably request for this purpose.

9. Service Limitations

  1. Digital Phone Service has certain limitations relative to enhanced 911 service that is available on most traditional telephone service. You acknowledge and understand that the Service is not a traditional Telephone Service. There are Important differences between your regular land line Telephone service and the Service offering as set out in these Terms and Conditions. You must inform users and potential users of the nature and limitations of VoIP 9-1-1 emergency calling.
  2. Basic 911 Service is offered to Digital Phone Service customers in the “Area of Service.” The “Area of Service” is defined as all locations where Digital Phone Service local access numbers are provided in Canada.When you dial 911 from your Digital Phone Service phone you will be transferred to an operator for assistance. The operator will have your municipal address on file as per our records and direct your call to the local authorities based on your municipal address. If your municipal address is not in the Area of Service, 911 service may not operate properly or may not be able to help you. You must not disconnect a 9-1-1 call unless told to do so by an emergency dispatcher, and if inadvertently disconnected, you must call back immediately.

    It is your responsibility to ensure we have your correct municipal address and if you move or change your municipal address to update your correct address by logging into your account on our website. If you are traveling with your Digital Phone Service device, 911 service may not operate properly or may not be able to help you. From you regular landline phone when you dial 911, the operator knows your physical location and can send the authorities based on the location of the physical phone line. This is not the case with the Digital Phone Service phone service. Digital Phone Service customers can have service outages due to problems with their Internet Service Provider (ISP), Power failure, suspension of account due to billing or payment issues, and intermittent network failure. If there is a service outage, 911 service will not be functional.

    YOU ACKNOWLEDGE AND AGREE THAT ENGINET ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS, WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING TO THE 911 SERVICE RELATED TO DIGITAL PHONE SERVICE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ENGINET (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS) FOR ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES AND EXPENSES, (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) WHICH YOU MAY SUFFER OR INCUR, ARISING DIRECTLY OR INDIRECTLY OUT OF OR RELATING TO YOUR FAILURE TO OBTAIN.

  3. Receiving collect calls, and the dialing of 1-800, 1-900 and 1-976 calls are currently not available for this Service. The “Area of Service” is defined as all locations where Digital Phone Service local access numbers are provided in Canada.
  4. Service Outage. You can have a Service outage due to problems with Your Internet Service Provider (ISP’s), Power failure in the area, Suspension of Account, and Intermittent Network failure. If there is a Service outage, such outage will affect all services including 911 services

10. ENGINET’s Right to Refuse to Provide Services

ENGINET may at its sole discretion refuse to provide Services to you without notice and without any direct or indirect liability where: ENGINET has reason to believe the account will be use for fraud or illegal purposes.

11. Service Interruption

ENGINET may interrupt your Services at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.

12. ENGINET’s Liability

1. ENGINET does not guarantee uninterrupted operation of the Services, or of its equipment, facilities, connections or network. ENGINET’s liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the Services, equipment or facilities, or for any other action or inaction of ENGINET, is limited to a refund of charges for the affected Services proportionate to the length of time the problem existed, upon request. Under no circumstances shall ENGINET be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable.

2. ENGINET is not liable for:

  1. any disruption or unavailability of the Services;
  2. any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
  3. your conduct, acts or omissions, or the operation or failure of your equipment or facilities;
  4. any event beyond the reasonable control of ENGINET including acts of God, inclement weather including lightning, labor disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; or
  5. its failure, for any reason, to activate any Services on the activation date you requested; ENGINET provides the Services to you as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of ENGINET. There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to you by ENGINET. In subscribing for the Services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.

13. Your Liability

You agree to indemnify and hold harmless ENGINET against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your explicit or implicit consent) of the Services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another. You must not use, in any manner or circumstances whatsoever, ENGINET’s, trade-marks, trade names, logos or designs, and you have no authority to act on behalf of any of these companies.

14. Suspension or Termination of Services by ENGINET

Without incurring any liability whatsoever, ENGINET may immediately suspend or terminate any or all of the Services where you:

  1. fail to pay an account that is past due, or you provide payment which is NSF or payment by cheque which is not honored by your bank;
  2. fail to meet ENGINET’s credit requirements, or you become bankrupt or otherwise insolvent;
  3. violate any provision of these General Terms of Service;
  4. use or permit others to use the Services so as to prevent fair and proportionate use by others;
  5. use or permit others to use any of the Services for a purpose or in a manner that is contrary to law (including decisions, rules or orders of the CRTC); or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;
  6. charge or allow others to charge any other person for the use of the Services without ENGINET’s prior written agreement;
  7. harass, threaten or otherwise act unreasonably towards ENGINET, its employees or agents, or in relation to the Services, including without limitation, by making numerous unwarranted requests for credits;
  8. alter or otherwise interfere with ENGINET’s facilities or equipment, or fail to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or ENGINET’s equipment, facilities or network; or
  9. fail to provide payment for other accounts with ENGINET.

15. Your Right to Cancel

ENGINET permits you to cancel your Services at any time by contacting ENGINET’s Customer Service. You will be responsible for all charges incurred up to the effective cancellation date, which may be later than the requested cancellation date due to administrative requirements. Further if you have entered into a term with ENGINET for Your Services other than a monthly term, further charges may apply, see paragraph (6) above.

16. Changes, Modifications or Termination of Plans or Plan Features

Without incurring liability, ENGINET may at any time and without notice to you, change, modify or terminate any plan or plan features, in whole or in part (including the rates or charges). In the event of any such change or modification, you will be responsible for paying all charges incurred for the use of such Services despite the change or modification, both before and after the date thereof. In the event of a termination of a plan or plan feature, you will be responsible for paying all charges incurred up to the applicable termination date.

17. Customer Confidentiality

Unless you consent in writing, or disclosure is pursuant to a legal power, all information kept by ENGINET about you, other than your name, address and telephone number, is confidential and may not be disclosed by ENGINET to anyone other than:

  1. to you;
  2. a person who, in the reasonable judgment of ENGINET, is seeking the information as your agent;
  3. another company involved in supplying the Services provided the information is required for the efficient and cost-effective provision of Services and disclosure is made on a confidential basis with the information to be used only for that purpose;
  4. disclosure pursuant to a requirement or request of a government agency, subpoena or other legal proceeding, or disclosure required bylaw.

18. Privacy

ENGINET’s privacy policy affirms its customer commitment to maintain confidentiality, security, accuracy and privacy of customer personal information that ENGINET collects and uses to provide telecommunications services. Disclosure of customer information may be disclosed only pursuant to these General Terms of Service.

19. Customer Service

You may contact our Customer Service for information, inquiries or concerns regarding the Services, or other ENGINET services or products, your account or any other matter relating to ENGINET, seven days a week, info@enginet.ca

20. General Terms of Service

These General Terms of Service are binding upon you and on ENGINET and are subject to change from time to time. You cannot assign or transfer your rights or obligations under these General Terms of Service without ENGINET’s prior written consent. These General Terms of Service shall be governed by the laws of the province of Ontario. These General Terms of Service are available in French at your request. Les présentes Conditions généralessontdisponibles en françaissurdemande

a) reflect in the text that when dialling 9-1-1, customers must not disconnect a 9-1-1

call unless told to do so by an emergency dispatcher, and if inadvertently

disconnected, customers must call back immediately; and

b) reflect in the text that customers must inform users and potential users of the

nature and limitations of VoIP 9-1-1 emergency calling.

Enginet is also requested to provide to the Commission the following:

a copy of the proposed telephone set warning sticker, or the text

that would appear on the sticker, which indicates (i) that when

making 9-1-1 calls customers must be prepared to provide their

present address/location, and (ii) where to find additional

information regarding VoIP 9-1-1 service.