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Digital Phone ServiceCUSTOMER TERMS & CONDITIONSPlease Note: These Terms and Conditions areapplicable to users with existing Agreements as ofMay 31, 2017 that are still in their initial one yearterm, or are in a month-to-month renewal termbut have not yet received notice that their Termsand Conditions have been amended to the mostcurrent version of ACN’s Terms and Conditions.Thank you for selecting ACN Digital PhoneService, a broadband voice-over-Internetprotocol (“VoIP”) phone service (the “Service”),that includes related products or devices usedin conjunction with the Service such as FamilyPlan, ACN Companion, analog terminal adapters,video phones, routers or any other IP connectiondevice used with the Service that is provided byACN (collectively, “Device” or “Devices”) offeredby All Communications Network of Canada Co.,with offices located at the following address: P.O.Box 720, Station B, Montreal, Quebec, H3B 3K3(“ACN”).These Customer Terms & Conditions (the“Agreement”) are between you (“you” or“customer”) and ACN for the use of the Service.You must enter into this Agreement by selectingthe checkbox under terms and conditions andclicking the “Continue” button during the onlineregistration process in order to use the Service. Ifyou do not affirmatively agree to be bound by theAgreement online by selecting the checkbox andclicking “Continue” during registration, you willnot be permitted to continue with the registrationprocess. You understand that by selecting theterms and conditions box, or any button or linkrequired during the sign-up process, you approveof the text preceding, and are entering into alegally binding agreement with ACN. You herebyagree to the use of electronic communication inorder to enter into contracts and to place orders,and agree to the electronic delivery of notices,policies and records of transactions initiated or1completed with respect to the Service. You furtherwaive any rights or requirements under any lawsor regulations in any jurisdiction, to the extentpermitted under applicable law, which require anoriginal (i.e., non-electronic) signature or deliveryor retention of non-electronic records.If you are residing in a jurisdiction which restrictsthe use of Internet-based applications accordingto age, or which restricts the ability to enter intoagreements such as this Agreement according toage, and you are under such age limit, you maynot enter into this Agreement or use the Service.Furthermore, if you are residing in a jurisdictionwhere it is forbidden by law to use the Service,you may not enter into this Agreement and youmay not use the Service. By entering into thisAgreement, you explicitly state that you haveverified in your own jurisdiction that your use ofthe Service is allowed.This Agreement contains the terms andconditions of ACN’s services and governsthe relationship between you and ACN. TheAgreement with ACN consists of these termsand conditions, information contained on ACN’swebsite including the Acceptable Use Policyand Privacy Policy, and the current terms ofany optional calling plan, service, promotion,and/or authorized written communication youhave received from ACN, each of which areincorporated by reference into this Agreement.BY ENROLLING IN, USING, OR PAYING FORACN’S SERVICES, YOU AGREE TO THE RATES,CHARGES, TERMS AND CONDITIONS ANDACCEPTABLE USE POLICY SET FORTH INTHIS AGREEMENT. IF YOU DO NOT ACCEPTTHIS AGREEMENT, THEN DO NOT USE ACN’SSERVICES, AND IMMEDIATELY CONTACT ACNCUSTOMER SERVICE. All Communications Network of Canada Co. DPS T&Cs PR CAEN 051617
Digital Phone ServiceCUSTOMER TERMS & CONDITIONSFor purposes of this Agreement, “you” means theCustomer or subscriber, defined as either (i) theperson identified in ACN’s account records asresponsible for payment of all charges; and (ii) anyother person with actual or apparent authority torepresent that person or to use the service(s). ACNwill assume that any person able to provide yourname, address, password, and/or other informationthat is not publicly available, is authorized by youto receive information about, and make changes toyour account, including adding new services.1. EMERGENCY SERVICES - 911DIALING1.1 For a description of 911/E911 limitationsfor ACN Digital Phone Service subscriberlines see below.1.2 LIMITED AVAILABILITY OF TRADITIONAL911/E911 SERVICESYou acknowledge that ACN does not offer accessto emergency services in a manner similar to thatprovided by wireline telephone services that arecommonly referred to as either 911, or Enhanced911 (“E911”). While our system supports 911calling in the majority of the country, there is adifference from the 911 services that may beavailable with traditional telephone service in yourarea and the 911 service that you receive withyour ACN Digital Phone Service. Both the 911services and the Enhanced 911 (E911) servicesavailable with traditional telephone service sendthe call directly to the emergency response center.Additionally, with E911 service, the telephonenumber and address are immediately visible tothe emergency response center call-taker. Withyour ACN Digital Phone Service, your call is sentdirectly to a national emergency call center. Thecall center operator will confirm your location andinformation. Then the call will be transferred to theemergency response center nearest your location.2You should be prepared to confirm your addressand phone number if required. Given the Service’slimitations, you should have an alternative meansof accessing 911 services.1.3 NOTICEYou should inform household residents, guestsand other third parties that may be present at thelocation where you make use of the Service of thelimitations associated with the Service’s accessto emergency services when the digits “ 9-1-1 “are dialed. Specifically, you should advise suchpeople of the potential unavailability and otherlimitations on 911, as detailed in this Agreement.Any Device that you use with the Service, alongwith any traditional telephone handsets connectedto the Device, should include a warning sticker thatinforms any person who uses your account, withor without your permission, to access the Service(each a “User”) of the potential unavailability ofE911 services. Warning stickers should havebeen included with the Device and it is yourresponsibility to ensure that the labels are properlyaffixed to all Devices and handsets. Should youneed additional or replacement stickers, pleasecontact our Customer Care at the number foundon www.myacncanada.ca.1.4 REGISTRATION OF PHYSICAL LOCATIONREQUIREDACN contracts with third parties to provideaccess to emergency services that includes callback and location information in some locations.This type of access to emergency services is notoffered in all areas of the country, but insteaddepends on the capabilities of each individualPublic Safety Answering Point (“PSAP”) as wellas the ability of our third-party provider to offersuch capabilities with VoIP calls. In those areaswhere offered and subject to the limitations ofits third party providers, ACN, will route your All Communications Network of Canada Co. DPS T&Cs PR CAEN 051617
Digital Phone ServiceCUSTOMER TERMS & CONDITIONSemergency call to the PSAP with your telephonenumber and Service Address information (asprovided at the time of Service sign-up). Youhereby authorize ACN to disclose your name,telephone number, Service Address information,and other relevant identifying information to thirdparty service providers, including, but not limitedto, call routers, call centers and PSAPs, for thepurpose of dispatching emergency servicespersonnel to your Service Address. Additionally,you need to update the address of the locationof your phone with ACN since the operator mayassume that you are at the address registeredwith ACN, which may not necessarily match yourlocation if you have moved the phone, if you arenot able to speak during the 911 call.1.5 911 SERVICE OUTAGES1.5.1 Service Outages Due to Power Failure orDisruptionThe Service, including 911 dialing, does notfunction in the event of a power failure ordisruption. If there is an interruption in the powersupply, the Service, including 911 dialing, willnot function until power is restored. Following apower failure or disruption, you may need to resetor reconfigure the Device prior to utilizing theService, including 911 dialing. You acknowledgethat ACN is not responsible for Service outagesdue to power failure or disruption or any otherimpediment to your usage of the Service, andany loss of service, including 911 dialing, thatmay result. In the event you lose Service as aresult of power failure or disruption or any otherimpediment to your usage of the Service, youwill continue to be responsible for payment of theService charges unless and until you terminatethe Service in accordance with this Agreement.In the event of outages due to a power failure ordisruption, you agree that ACN is not required3to provide you any credits or any other form ofremuneration for the disruption of your Service.1.5.2 Service Outages Due to Internet Outageor Suspension or Termination of BroadbandService or Internet Service Provider (“ISP”)ServiceService outages or suspensions or terminationsof service by your broadband provider or ISP willprevent all Service, including 911 dialing, fromfunctioning. You acknowledge that ACN is notresponsible for Service outages due to Internetoutage or suspension or termination of broadbandor ISP service by your ISP or broadband provideror any other impediment to your usage of theService, and any loss of Service, including 911dialing, that may result. In the event you loseService as a result of an Internet outage orsuspension or termination of your broadband orISP service provider or any other impediment toyour usage of the Service, you will continue to beresponsible for payment of the Service chargesunless and until you terminate the Service inaccordance with this Agreement. You agree thatACN is not required to provide you any credits orany other form of remuneration for the disruptionof your service in the event of outages resultingfrom outages, suspensions or termination ofservice by your broadband provider or ISP.1.5.3 Service Outages Due to ISP or BroadbandProvider Blocking of Ports or Other ActsYour ISP or broadband provider or other thirdparty may intentionally or inadvertently blockthe ports over which the Service is providedor otherwise impede the usage of the Service.In that event, provided that you alert us to thissituation, ACN will attempt to work with you toresolve the issue. During the period that the portsare being blocked or your service is impeded,and unless and until the blocking or impediment All Communications Network of Canada Co. DPS T&Cs PR CAEN 051617
Digital Phone ServiceCUSTOMER TERMS & CONDITIONSis removed or the blocking or impediment isotherwise resolved, your Service, including 911dialing, may not function. You acknowledge thatACN is not responsible for the blocking of portsby your ISP or broadband provider or any otherimpediment to your usage of the Service, and anyloss of service, including 911 dialing, that mayresult. In the event you lose service as a resultof blocking of ports or any other impediment toyour usage of the Service, you will continue to beresponsible for payment of the Service chargesunless and until you terminate the Service inaccordance with this Agreement. In the event ofoutages due to your broadband provider or ISPblocking the ports over which Service is provided,you agree that ACN is not required to provide youany credits or any other form of remuneration forthe disruption of your Service.1.5.4 Service Outage Due to Suspension orTermination of Your ACN AccountService outages due to suspension or terminationof your account will prevent all Service, including911 dialing, from functioning.1.5.5 Other Service OutagesIf there is a Service outage for any reason, suchoutage will prevent all Service, including 911dialing, from functioning. Such outages mayoccur for a variety of reasons, including, but notlimited to, those reasons described elsewhere inthis Agreement.1.6 NETWORK CONGESTION: REDUCED SPEEDFOR ROUTING OR ANSWERING 911 CALLSThere may be a greater possibility of networkcongestion and/or reduced speed in the routingof a 911 dialing call made utilizing the Serviceas compared to traditional 911 dialing overtraditional public telephone networks.41.7 ACN FAMILY PLAN IS NOT ANINTERCONNECTED SERVICE AND THEREFORENEITHER E911 NOR 911 IS AVAILABLE ON ACNFAMILY PLAN SUBSCRIBER LINES.1.8 ALTERNATE 911 / E911 ARRANGEMENTSIF YOU CARE TO AVOID THE LIMITATIONSOF ACN’S SERVICE WITH RESPECT TO911 DIALING, YOU SHOULD OBTAIN ANALTERNATE MEANS OF ACCESSINGTRADITIONAL 911 OR E911 SERVICES,DEPENDING ON THE CAPABILITIES OFTHE EMERGENCY RESPONSE CENTERRESPONSIBLE FOR YOUR LOCATION.1.9 911 / E911 LIMITATION OF LIABILITYAS ALLOWED BY PROVINCIAL LAW, INNO EVENT SHALL ACN ITS OFFICERS,DIRECTORS, EMPLOYEES, AFFILIATES,AGENTS OR ANY OTHER THIRD-PARTYPROVIDER OR ITS OFFICERS, DIRECTORSOR EMPLOYEES WHO FURNISHES SERVICESTO CUSTOMER IN CONNECTION WITH THISAGREEMENT OR THE SERVICE BE HELDLIABLE FOR ANY CLAIM, DAMAGE, OR LOSS.YOU HEREBY WAIVE ANY AND ALL SUCHCLAIMS OR CAUSES OF ACTION, ARISINGFROM OR RELATING TO 911 DIALINGUNLESS IT IS PROVEN THAT THE ACT OROMISSION PROXIMATELY CAUSING THECLAIM, DAMAGE, OR LOSS CONSTITUTESGROSS NEGLIGENCE, RECKLESSNESS, ORINTENTIONAL MISCONDUCT ON THE PARTOF ACN.ACN DOES NOT HAVE ANY CONTROL OVERWHETHER, OR THE MANNER IN WHICH, 911CALLS USING OUR SERVICE ARE ANSWEREDOR ADDRESSED BY ANY LOCAL EMERGENCYRESPONSE CENTER. ACN DISCLAIMS ALLRESPONSIBILITY FOR THE CONDUCT OFLOCAL EMERGENCY RESPONSE CENTERS All Communications Network of Canada Co. DPS T&Cs PR CAEN 051617
Digital Phone ServiceCUSTOMER TERMS & CONDITIONSAND THE NATIONAL EMERGENCY CALLINGCENTER. ACN RELIES ON THIRD PARTIESTO ASSIST US IN ROUTING 911 CALLS TOLOCAL EMERGENCY RESPONSE CENTERS.ACN DISCLAIMS ANY AND ALL LIABILITYOR RESPONSIBILITY IN THE EVENT SUCHTHIRD PARTY DATA USED TO ROUTE CALLSIS INCORRECT OR YIELDS AN ERRONEOUSRESULT.1.10 ACN COMPANIONNOTWITHSTANDING ANYTHING ELSE INTHIS AGREEMENT TO THE CONTRARY,YOU EXPRESSLY ACKNOWLEDGE ANDAGREE THAT (i) ACN COMPANION IS NOTINTENDED, DESIGNED OR FIT FOR PLACING,CARRYING OR SUPPORTING EMERGENCYCALLS; (ii) THAT THE SOFTWARE IS NOTINTENDED, DESIGNED OR FIT FOR PLACING,CARRYING OR SUPPORTING ANY CALLTO ANY EMERGENCY SERVICE OR ANYCALL FOR THE PURPOSE OF OBTAININGASSISTANCE, HELP OR AID IN THE EVENTOF AN EMERGENCY; and (iii) NEITHER ACNNOR ANY OF ITS AFFILIATES, SUBSIDIARIES,PARENT COMPANIES, AGENTS, PARTNERS,OR EMPLOYEES ARE OR WILL BE LIABLE TOYOU OR ANY THIRD PARTY IN ANY RESPECTFOR ANY COSTS OR DAMAGES ARISINGEITHER DIRECTLY OR INDIRECTLY FROM THEUSE OF THE SOFTWARE FOR EMERGENCYCALLS, INCLUDING CALLS TO EMERGENCYSERVICES AND CALLS FOR THE PURPOSE OFOBTAINING ASSISTANCE, HELP OR AID IN THEEVENT OF ANY EMERGENCY.2. SERVICE2.1 TERMThere is a two year service commitment when yousign-up and/or purchase your Video Phone device,5one year for analog telephone adapter (“InitialTerm”). Thereafter, this Agreement automaticallyrenews on a month-to-month basis (each, a“Renewal Term”) unless you give ACN writtennotice or contact ACN via email or telephone ofnon-renewal at least ten (10) days before theexpiration date of the then-current Initial Termor Renewal Term . As stated in Section 4.2 andas allowed by Provincial Law, monthly recurringcharges are charged in full as of the first day of abilling cycle and will not be pro-rated if service isdisconnected prior to the end of that billing period.Additionally, you will be responsible for any usagebased charges and any applicable terminationpenalties that may apply to any services cancelled.ACN may also charge and collect retroactivelyearly termination, overage, disconnect usageand other charges not previously charged andcollected. Expiration of the term or terminationof Service does not excuse the Customer frompaying all unpaid, accrued charges due in relationto the Agreement.2.2 EARLY TERMINATIONAPPLICABLE IN ALL PROVINCES EXCEPTQUÉBEC: The terms under which you maycancel this Agreement without penalty are setforth in Section 2.8 below. If you purchase aDevice with your Service and, during the InitialTerm for such Device, you cancel that Serviceother than as set forth in Section 2.9 or ACNcancels that Service as set forth in Section 4.5below, an early termination fee of 199.99 willapply for the Video Phone and 59.99 for theanalog telephone adapter (ATA). This fee will beprorated down by 5.00 for each month of servicein the case of the Video Phone.APPLICABLE IN QUÉBEC ONLY: You mayterminate this Agreement at any time by contactingACN Customer Service or sending written notice All Communications Network of Canada Co. DPS T&Cs PR CAEN 051617
Digital Phone ServiceCUSTOMER TERMS & CONDITIONSto ACN, subject to the following provisions. Theterms under which you may cancel this Agreementwithout penalty are set forth in Section 2.8 below.If you entered into this Agreement prior to June30, 2010, and wish to cancel a Service duringthe Initial Term other than pursuant to Section2.8, an early termination fee will apply as setforth in the immediately preceding paragraph. Ifyou entered into this Agreement on or after June30, 2010, and wish to cancel a Service duringthe Initial Term other than pursuant to Section2.8, an early termination fee will apply. The earlytermination fee is calculated based on the valueof the economic inducement you received whenyou entered into your service agreement andthe amount of time unfulfilled on your serviceagreement at the time of termination. The valueof the economic inducement is equal to the retailprice of the device received (for a Video Phonethe retail price is 349,99, and for the ATA theretail price is 99,99) less the pre-tax amount youactually paid for your device as shown on yourinitial order. The difference in these two amountsis the “Subsidy Amount”. The early terminationfee is equal to the Subsidy Amount multiplied bya fraction representing the number of remainingunfulfilled months in your Agreement at time oftermination as compared to the total number ofmonths committed to in your Agreement.2.3 LAWFUL USE OF SERVICE2.3.1 Account, Password and SecurityWhen you complete the online registration form,you agree to provide accurate, current, andcomplete information about yourself, includingwithout limitation name, address and creditcard or other payment method information (the“Personal Data”), and to maintain and updateyour Personal Data to keep it accurate, current,and complete. You may maintain or update6your Personal Data via your ACN Digital PhoneService online account. You agree that ACN shallhave no obligation to verify the Personal Data.You agree that ACN may rely on your PersonalData as accurate, current, and complete and youconsent to use of Personal Data for any purposeby ACN and others involved in provision of theService. You agree that if your Personal Datais untrue, inaccurate, not current, or incompletein any respect, that ACN shall have the right,in addition to its other rights and remedies, toterminate your Service. For information regardingACN’s Privacy Policy and use of Personal Data,please go to www.myacncanada.ca. You alsomust choose a password and a user name.You are entirely responsible for maintaining theconfidentiality of your password and account.Furthermore, you are entirely responsible forany and all activities that occur under youraccount, including any use of your account byany other person (a “User”). You agree to notifyACN immediately of any unauthorized use ofyour account or any other breach of security.ACN will not be liable for any loss that you mayincur as a result of someone else using yourpassword or account, either with or without yourknowledge. However, you could be held liable forlosses incurred by ACN or another party due tosomeone else using your
difference from the 911 services that may be available with traditional telephone service in your area and the 911 service that you receive with your ACN Digital Phone Service. Both the 911 services and the Enhanced 911 (E911) services available with traditional telephone service send the call directly to the emergency response center.
