Terms of Service
GENERAL TERMS OF SERVICE: These terms and conditions (“Terms of
Service”) are binding on You and LTE GEN (each as defined below) during any
period of time in which You request, access and use the Services (defined below),
inclusive of any period of time in which You have not executed a
Telecommunications Services Agreement (“TSA”) and irrespective of whether You
execute a TSA or not. If you have executed a TSA, the Terms of Service form part of
your TSA. Otherwise (including in the event a TSA has expired or is lost but you
continue to receive Services from us), these Terms of Service shall represent the entire
agreement between You and LTE GEN . In the event of any conflict or discrepancy
between these Terms of Service and any terms and provisions contained in the TSA
itself then, unless otherwise expressly specified herein, the terms and provisions of the
TSA shall govern and be paramount for any period of time during which a TSA is in
effect.
1. Definitions
e “LTE GEN ”, “we”, “us” or “our” means or refers to LTE GEN
Telecommunications Corp. or any successor or related corporation or entity.
¢ “You” means the subscriber to any Services and includes any person, firm,
corporation or other entity that accesses or utilizes the Services at any time
during the period Services are provided.
« “Services” are any and all of the residential and business services and products
offered by LTE GEN and provided to You, including but not limited to local
voice (including VoIP and long distance voice services), PBX services, Internet
services, data services and related products or services;for greater clarity, any
change in the features, or additions of features, of a Service shall not be deemed
to be a new Service.
¢ “LTE GEN Equipment” means equipment or facilities owned or leased by
LTE GEN and provided by LTE GEN to You, as part of the Services provided
to You by LTE GEN , and located at your premises.
¢ “Your Facilities” means all facilities and equipment (including, without
limitation, all equipment necessary to connect your facilities and equipment to
the demarcation point (being the point where the underlying
telecommunications carrier’s facilities end, and your facilities begin)), and all
wiring, computers and other equipment inside your premises owned or leased
by You.
“Force Majeure Event” has the meaning given to it in Section 9.
All other capitalized terms have the meaning ascribed to them in the TSA
unless otherwise indicated herein.
2. Use of Services and Responsibility for Charges
You may use the Services for purposes as outlined in these Terms of Service,
provided that You do so in full compliance with these Terms of Service and all
applicable laws and regulatory requirements. LTE GEN has the sole right to select
the most appropriate partners for the delivery of Services. You are responsible for
paying all charges for the Services (without set-off or deduction), including but not
limited to
any setup and installation fee;
reactivation fees if a Service is suspended or cancelled and later reactivated;
any charges associated with cancellation or delay of the provisioning of
Services caused by You after You have placed an order for Services but before
Services are installed;
access fees;
recurring service charges;
usage fees;
build-out costs, if applicable;
one-time and/or recurring fees for any customized Services;
changes to existing Services requested by You;
any termination fees, if applicable;
other charges you may incur: (i) resulting from use of your telephones, internet
or telecommunications systems (including modem or other CPE purchases or
rentals); (ii) resulting from use of any number or authorization code assigned to
You, including any calling card number, toll free number assigned or selected
by You or any other personal identification number assigned to You or selected
by You; or (ili) which are charged to your account (including without
limitation, collect calls or fraudulent usage of the Services by You or any third
party, irrespective of your knowledge or consent).
You have acknowledged that You are authorized to subscribe for the Services. In the
event of a dispute regarding your authorization to subscribe for Services, LTE GEN
is entitled to determine that the subscriber for Services listed in LTE GEN ’s records
is the sole person so authorized. In accepting these Terms of Service You also
represent and acknowledge that, if an individual, You are of the age of majority
according to any applicable laws. Third party charges incurred by LTE GEN in
connection with the Services are subject to change and LTE GEN reserves the right
to pass on such charges (and changes in charges) to You, for example, if required by
rulings or orders received by LTE GEN or its underlying services providers from the
CRTC, or due to other charges imposed on LTE GEN by its underlying providers,
including charges for changes, connections, disconnection or termination of a Service
or any component of a Service. Unless otherwise specified in the TSA, International
Long Distance charges are as per LTE GEN ’’s standard price book rates, which are
available to You upon request and are subject change without notice in the event that
LTE GEN ’s suppliers impose rate changes on LTE GEN . Unless specifically noted
as “mobile” (e.g. Sweden — mobile), any International rates listed in the TSA apply to
landlines only. In addition, and notwithstanding anything else contained herein or in
the TSA, in the event LTE GEN discovers that an error on the part of LTE GEN has
occurred in the setting out of any monthly and/or non-recurring charges, term length
or type of Services offered, all as provided within the executed TSA within thirty (30)
days of the Commencement Date, LTE GEN reserves the right to amend any of the
above terms and You will abide by same and, in the event you elect not to do so, LTE
GEN thereafter reserves the right to immediately terminate the TSA.
3. Billing and Payment
Charges shall be itemized by way of invoice to You. LTE GEN will invoice You
monthly for charges for the Services (for the types and kinds of charges associated
with the Services as set forth in the TSA or these Terms of Service), except that LTE
GEN may choose not to send a paper invoice to You until the charges for Services
are $10.00 or more in any given month. You must pay amounts invoiced by the due
date specified on the invoice, failing which You will be charged interest on
outstanding past due amounts at the rate of 4.9999% per month (59.99% per annum),
or such other rate as LTE GEN may determine from time to time (“Interest Rate”).
The invoice will include, and You will be responsible for paying, applicable taxes,
levies, government fees or tariffs, interest on overdue amounts and service charges
and similar charges for returned payments (this includes, but is not limited to,
cheques, credit cards and pre-authorized debits) ($45.00 per returned cheque or failed
pre-authorized debit, or such other rate as LTE GEN may specify from time to
time). LTE GEN invoices are sent to You in one of three ways:
¢ Eco Invoice™: LTE GEN ’s Eco Invoicing dramatically reduces paper waste
while still giving customers a hard copy record of the most important
information — the billing and payments summary. With Eco Invoice™ only the
first page (Summary of Charges and Payments) is sent to the customer in hard
copy paper format. The complete invoice, comprising the first page as well as
all usage detail pages, is sent via email in pdf format to You (or, in the case of a
business customer, to the billing/accounts receivable contact as indicated by
You on the first page of the TSA). Eco Invoice™ is LTE GEN ’s default
invoicing method for residential customers unless You expressly indicate your
preference for methods (ii) or (iii) as found below.
e Paper Invoice: Invoices are sent in hard copy. For environmental and cost
reasons, LTE GEN strongly recommends against this invoicing option. This
option is not available for business customers.
» Electronic: For those customers that do not require paper, monthly invoices can
be sent electronically. The complete invoice is sent via email in pdf format to
You (or, in the case of a business customer, the billing/accounts receivable
contact as indicated by You on the first page of the TSA). No physical invoice
is sent. It is LTE GEN ’s default invoicing method for business customers
unless You expressly indicate your preference for methods (i) or (ii) and it is
the best choice for our environment. You are responsible for providing LTE
GEN throughout the Service Term with accurate information so that an
electronic invoice can be transmitted to You and received by You.
There are no charges to you for delivery of any invoices by us to You. You must bring
invoice inquiries and disputes to LTE GEN ’s attention within 30 days of the invoice
due date (and You must be acting in good faith in doing so) or You will be deemed to
have accepted the invoice as accurate in all respects. LTE GEN will review any bona
fide disputed charge, provided You have paid the undisputed portion of the invoice in
question and continue to pay the undisputed portion and amounts contained in any
subsequent invoices. LTE GEN shall investigate and review Customer’s dispute and
will make a final determination regarding the disputed charge, in its sole and
reasonable discretion. Ifsome or all of your Services are cancelled, suspended or
terminated, either by You or by LTE GEN and there is an undisputed credit balance
in your favour on your account after any applicable charges payable as of the date of
the cancelled, suspended or terminated Service to LTE GEN associated with
cancelled, suspended or terminated Services are deducted, LTE GEN will apply this
amount to any ongoing or new Services provided to You within 90 days of the
cancellation, or if no new or ongoing Services are being provided, You may request
LTE GEN to refund this amount to You. If You do not claim your credit balance
within the 90 day period, it shall become the property of LTE GEN and any account
credits provided by LTE GEN will expire. You will not be permitted to apply any
such credits in the future should you elect to enter into a new agreement for the
provision of Services to You from LTE GEN . LTE GEN reserves the right to charge
a reasonable processing fee in connection with issuing refunds. Any amount less than
$10.00 will not be refunded. Unless there has been deception by You with regard to
a charge, You shall only be responsible for paying a previously unbilled or under-
billed charge where it is correctly billed within a period of twelve (12) months from
the date it was incurred. In the event of deception by You with regard to a charge, any
amount previously unbilled or under-billed may be charged at any time. You shall be
liable to LTE GEN for, and shall pay to LTE GEN on demand, all costs and/or
expenses incurred, including legal fees, in the collection or attempted collection of
any unpaid charges and such amounts shall represent a debt owed by You to LTE
GEN and any such amounts shall accrue interest at the Interest Rate immediately
following demand of payment and shall not include any applicable taxes or levies
which shall also be payable by You and for which You shall be liable for to LTE GEN
. All of your obligations under this section (and any other sections of the TSA or
Terms of Service) relating to charges, billing and payment survive the termination of
Services indefinitely unless otherwise expressly stated to the contrary. For clarity,
LTE GEN has no responsibility to You to determine whether You have a continuing
existing agreement or contractual arrangement (“Existing Agreement”) with another
provider of services similar to or identical to the Services (“Previous Services”) or to
take any action to notify you of this if we discover it. You are solely responsible to
pay for any fees, charges, penalties or other costs associated with terminating or
cancelling your contractual arrangement with a pre-existing provider of Previous
Services. The existence of an Existing Agreement is not grounds for you to cancel or
terminate Services with LTE GEN without LTE GEN ’s recourse to applicable
charges and termination fees.
4. Credit and Security Deposits
LTE GEN and those acting on its behalf reserve the right to examine your credit
record and to require a deposit or other security, including payment by credit card,
before LTE GEN provides, continues, or reinstates Services to You. Should LTE
GEN at any time consider a security deposit to be insufficient, a further credit deposit
may be required, failing which LTE GEN may terminate or suspend Services without
further notice or liability. LTE GEN will determine, at its discretion, how your
deposit or other security will be allocated to satisfy outstanding amounts owed by You
to LTE GEN . By subscribing to the Services, You authorize LTE GEN and those
acting on its behalf to investigate your creditworthiness and agree, from time to time,
to promptly provide financial information as and when LTE GEN may reasonably
request for this purpose. LTE GEN may also disclose your credit history to credit
reporting agencies, credit grantors and collection agencies. Upon termination of all
Services to You (whether by You or by LTE GEN ), LTE GEN will retain any
security deposit and apply it against any outstanding charges, fees, costs or expenses
due and owing on your account as of the date of termination, together with any
applicable termination fees, and any remaining amount of the security deposit not so
applied will be returned to You without interest. You agree that this use of your
security deposit in no way represents full satisfaction of all outstanding amounts owed
to LTE GEN unless the security deposit is sufficient to satisfy all such amounts.
5. Fixed-Fee Services
The minimum subscription period for fixed-fee Services, such as local voice
Services,Internet Services and data Services, is one month commencing from the date
the Services are activated, unless LTE GEN stipulates a different minimum
subscription period. LTE GEN reserves the right at its sole discretion to charge
reasonable activation and/or installation fees to You.
6. Fraud and Usage Caps
You are responsible for and liable for paying all charges and taxes on your
account, whether you have authorized the use of the Services or not, including
for any fraudulent use (whether you have perpetrated such fraud or have been a
victim of same), and you will pay any costs and expenses associated with any
claims, actions, losses or damages incurred by LTE GEN arising from calls,
actions or communications intended or resulting in theft or unauthorized usage
or misleading illegal or fraudulent communications or use, including but not
limited to those associated with long distance calls, calling cards, pay-per-call
numbers, information service calls, directory assistance calls, email
communications, Your website content and/or social media content. Your
obligations in this respect will survive any termination of Services indefinitely. LTE
GEN reserves the right to require payment on an interim and/or immediate basis,
prior to the normal billing date in circumstances where, in LTE GEN ’s sole
discretion,acting reasonably, there is an abnormal risk of loss, for example where You
have incurred a significant amount of long distance, data or other usage charges, or in
situations of suspected fraud or fraudulent use. In such cases, charges will be
considered past due when the time period for payment as specified by LTE GEN has
expired. You are solely responsible for managing and monitoring your account with
respect to usage, particularly where You are granting access to your account to more
than one person. LTE GEN will not take any action to advise You in the event you
are exceeding any usage caps as specified in any Services You have chosen. You
agree to abide by any applicable Acceptable Use Policy published from time to time
(including any amendments thereto) on LTE GEN ’s website (“AUP”). You are
solely responsible for the security of your authorization codes, password
protection and access to your telephones (including any PBX or other telephone
system), internet and telecommunications systems.
7. Customer’s Installation and Maintenance Responsibilities
You must supply all Your Facilities and You must ensure that Your Facilities are, at
all times, compatible with, suitable for and adequate for the purpose of utilizing any
Service. LTE GEN has no obligation to maintain or repair Your Facilities and bears
no responsibility or liability for Your Facilities, however upon your request LTE GEN
or its selected agents or contractors may provide installation, maintenance and repair
service to Your Facilities and in such event shall charge You fees for so doing which
shall be payable as part of your monthly invoice or invoices, or payable by way of any
interim invoice, as the case may be. LTE GEN agrees that it will first provide to You
a quotation or estimate therefor, together with any other proposed terms and
conditions and will not undertake any such work or services until You and LTE GEN
agree in writing on such pricing, terms and conditions. You must take reasonable care
of and maintain in good condition any LTE GEN Equipment and you may not
rearrange, disconnect, remove, repair or otherwise interfere with LTE GEN
Equipment without LTE GEN ’s prior written approval. You will locate Your
Facilities and/or LTE GEN Equipment as directed by LTE GEN , and LTE GEN will
consult with you where reasonably possible. You must at all times respond promptly
to and cooperate with any requests from LTE GEN personnel respecting (i) provision
by You of information and/or Your Facilities and (ii) providing access to LTE GEN
representatives to Your Facilities in order for LTE GEN to properly install the
services. In the event You fail to do so, LTE GEN may, in its sole discretion, deem
the Services to be installed and commence billing to You, notwithstanding that You
cannot access the Services. For the purposes of these Terms of Service, LTE GEN is
the sole owner of the LTE GEN Equipment and LTE GEN may make any changes or
replacements to LTE GEN Equipment upon reasonable notice to You, so long as
these changes or replacements do not result in a material adverse impact to your
Services. You are solely liable for any Losses (as defined in section 11) with respect
to Your Facilities unless caused solely by the gross negligence, wilful blindness or
wrongful and malicious intentional acts or omissions of LTE GEN .
8. Inspection, Testing, Right of Entryand Responsibility for Facilities and
Equipment
LTE GEN , including its agents (which may include the agents, representatives,
employees and subcontractors of any applicable underlying carrier), subcontractors
and employees, may, upon reasonable notice, make such inspections, tests and
adjustments as it may deem necessary to investigate, modify, maintain or repair the
installation or operation of Your Facilities and LTE GEN Equipment. You must make
these available to LTE GEN (including providing access to your premises) as may be
reasonably necessary in the circumstances. Upon request, LTE GEN employees or
subcontractors must show valid identification prior to entering your premises. If You
fail to cooperate with LTE GEN for these purposes and additional costs to install or
restore a Service result, you shall be solely liable to pay such costs. In the event of an
emergency, as determined by LTE GEN in its sole discretion, LTE GEN ’s agents,
subcontractors and employees may access Your Facilities or LTE GEN Equipment
without notice. You are responsible for Your Facilities and any LTE GEN
Equipment located on your premises and all associated risks and costs, including
payment at the undiscounted retail value for then-current replacement LTE GEN
Equipment if any is lost, stolen, damaged or destroyed. Upon termination of any
relevant Services, You must, at your cost, return all LTE GEN Equipment associated
with such terminated relevant Services, to LTE GEN in good condition within fifteen
(15) days of the termination date.
9. Service Interruption
LTE GEN may interrupt your Services at any time for any duration of time, without
any notice or liability, (i) in order to install, inspect, repair, replace, or to perform
necessary maintenance on Your Facilities and/or LTE GEN Equipment or your
network, (ii) to change the underlying carrier in connection with the Services, (iii) or
for other technical reasons as may be required. Services may also be interrupted,
suspended or terminated as a result of Acts of God, tempest, fire, strike or labour
disputes, war, insurrection, riot, power failure or outage, laws, regulations,
governmental order or decision, order of any court of competent jurisdiction, or other
circumstances beyond the reasonable control or foreseeability of LTE GEN (each a
“Force Majeure Event”) and LTE GEN shall not be liable to You for any resulting
Service interruption. Where possible, LTE GEN will endeavour to provide You with
reasonable notice of any anticipated interruption and the expected duration of
same. LTE GEN may from time to time provide service level objectives (“SLO”) or
service level agreements (“SLA”) (which SLA will contain an executed signature
page), which provide indicators (or in the case of an SLA a guarantee) for expected
performance in LTE GEN ’s delivery of the services, for many of its Services, and
such SLOs or SLAs, as the case may be, if existing, are available upon your request.
An SLO does not provide You with any guarantee of Service performance.
10.LTE GEN Liability, Independent Contractor and 9-1-1 Services Provision
For the purpose of this Section 10, “LTE GEN ” shall include any affiliated,
subsidiary, parent or related company of LTE GEN .LTE GEN does not guarantee
uninterrupted operation of the Services, or of LTE GEN Equipment, its
facilities, connections or network. Except with regard to physical injuries, death
or damage to your premises or other property wholly caused by LTE GEN ’s
gross negligence, LTE GEN ’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 suffered by You resulting from any other
action or inaction of LTE GEN is limited to a refund of charges for the affected
Services proportionate to the length of time the problem existed, not inclusive of
any charges for fraudulent usage as specified under Section 6 of these Terms of
Service. Under no circumstances shall LTE GEN be liable to You or any third
party 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 and whether or not You have been advised
of the possibility of such damages. These provisions apply even where there is a
fundamental breach of these Terms of Service by LTE GEN. Without limiting
the generality of the foregoing, LTE GEN is not liable under any circumstances
for:
any disruption or unavailability of the Services, including without
limitation, any disruption or unavailability of emergency 911 service,
resulting from capacity shortages, power fluctuations or Force Majeure
Event;
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);
your conduct, acts or omissions, or the operation or failure of your
equipment or Your Facilities, including any unauthorized use of the
Services and any circumstances under which Your Facilities are or become
incompatible or inadequate for utilization of a Service;
any liability, cost, loss, damage or expense incurred by You or any
disruption or interruption of Services due to a Force Majeure Event;
its failure, for any reason, to activate any Services on the activation date
You requested or the activation date provided to You by LTE GEN ;
any claim for defamation or infringement of third party rights (including
intellectual property rights) arising from the use by You of the Services or
your content(and for clarity, “content” includes any musical, dramatic,
literary or artistic work that You utilize (or request that LTE GEN
includes) as part of your Services, for example a song or portion thereof
utilized as music during a held call); or
any defacement of, or damage to, your premises resulting from the
attachment of any instruments, apparatus or associated wiring or
equipment furnished by LTE GEN on your premises, or removal thereof,
when such defacement or damage is not wholly caused by LTE GEN ’s
gross negligence.
LTE GEN provides the Services to You as an independent contractor. The
employees or agents of other participating and/or underlying carriers are not and shall
not be deemed to be agents or employees of LTE GEN except for the limited
purposes of Section 8. 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 LTE GEN, including LTE GEN
Equipment. In subscribing for the Services, You obtain no proprietary right or interest
in, any particular facility, service, equipment, telephone number, IP address or code
associated with the Services, nor with any webspace URL or host name which LTE
GEN may issue to you in providing the Services. LTE GEN does not guarantee
that transmissions initiated by You while utilizing the Services cannot be
received or intercepted by third parties and LTE GEN assumes no liability for
any costs or expenses as a result of any such reception or interception. You
agree that the limitations of liability contained in this Section 10 are fair and
reasonable under the circumstances and LTE GEN would not provide You with the
Services if You did not agree to these limitations. 9-1-1 Services and Updating of
Information For greater clarity, LTE GEN typically provides basic 911 Services. In
the event LTE GEN provides you with Enhanced 911 Services, these services may
still have limitations as set out herein. If you are utilizing wireline Services and do not
reside in Newfoundland, Labrador, Yukon or Nunavut, You will have access to
Enhanced 911 Services. Your telephone number and address are automatically
provided to the 911 operator. In the event VoIP Services are utilized by You, such
Services have certain limitations relative to Enhanced 911 Services that are available
on traditional telephone services, including but not limited to (i) non-functionality of
such Services with some or all of your mobile devices, (ii) non-availability of a live
operator if You live in an area where 911 emergency response services, which are
provided by local government authorities, are not available and (iii) inability to
ascertain your location if You are unable to provide it to the 911 operator. You should
contact your local government for additional information. LTE GEN is not
responsible for any inability to access 911 Services to the extent permitted by
applicable law, and You are solely responsible to inform all potential and actual users
of the Services of the nature and limitations of the Services specified herein. You are
also solely responsible to ensure that all address and telephone number information
provided to LTE GEN is accurate and correct at all times and LTE GEN is not
responsible for or liable for any liabilities or damages resulting from your failure in
this regard.
11. Your Liability, Indemnity and Other Obligations
You agree to indemnify and save harmless LTE GEN and its underlying third party
providers and/or carriers against all damages, liabilities, obligations, losses, injuries,
claims, demands, penalties, costs and expenses”), including lawyers fees and expenses
on a substantial indemnity basis (each a “Loss”, together “Losses”), resulting from (i)
your use (or the use by others with your explicit or implied consent) of the Services,
your codes, facilities or equipment, or (ii) your breach of any of your obligations
under these Terms of Service or the TSA. If LTE GEN Equipment is presently
located at or is to be installed on property or premises occupied by You, but not
owned by You, You warrant that You have the consent of the owner and/or sub-
landlord, as the case may be, to place the LTE GEN Equipment on the property or
premises. You agree to indemnify and save harmless LTE GEN from any and all
Losses arising or resulting from any lack of such consent. You must not use, in any
manner or circumstances whatsoever, LTE GEN trade-marks, trade names, logos,
designs or other intellectual property of LTE GEN or any affiliated or related
companies without LTE GEN ’s prior written consent, and You have no authority to
act on behalf of any of these companies, and for this purpose, You consent to any
temporary or permanent injunction without requiring LTE GEN to post security, and
You will pay all of LTE GEN ’s Losses, or those of an affiliated or related company,
as the case may be, relating to the obtaining of any such injunction. You agree to
indemnify and save harmless LTE GEN and any of its affiliated, subsidiary, parent or
related companies against any Losses arising from your decision to transfer your
Services to another LTE GEN underlying carrier (e.g. from Bell to Allstream) or
another third party carrier. The indemnification obligations contained in this Section
11 will survive the termination of Services indefinitely.
12.Suspension or Termination of Services by LTE GEN
Without incurring any liability whatsoever, LTE GEN may suspend or terminate any
or all of the Services where:
e You fail to pay an account that is past due, or You provide payment by cheque,
bank draft, credit card or pre-authorized deposit which is not honoured by your
bank, financial institution or credit card company;
« You fail to provide interim payments as and when requested by LTE GEN ;
¢ You fail to provide or maintain the security deposit or alternate security as and
when requested to do so by LTE GEN ;
e You fail to meet LTE GEN credit requirements as determined at the sole
discretion of LTE GEN ;
You fail to comply with the terms of a deferred payment or credit agreement
with LTE GEN ;
You (or anyone You authorize to act under these Terms of Service) violate or
breach any provision of these Terms of Service or the TSA;
You fail to provide LTE GEN or its agents, subcontractors or employees with
reasonable entry and access to install, inspect, repair, replace or to perform
necessary maintenance on Your Facilities or LTE GEN Equipment;
LTE GEN does not provide, or no longer provides, the requested Service in
your area;
You use or permit others to use any of the Services for a purpose or ina
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, posts or emails;
You charge or allow others to charge any other person for the use of the
Services without LTE GEN ’s prior written agreement (in the event You are
interested in reselling any of the Services, You may contact LTE GEN at 1-
888-443-3876 for further details);
You harass, threaten or otherwise act unreasonably towards LTE GEN, its
employees, subcontractors or agents, in relation to the Services, including
without limitation, by making numerous unwarranted requests for credits;
You alter or otherwise interfere with LTE GEN 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 LTE GEN Equipment or network;
You fail to provide payment for other related accounts with LTE GEN , such as
and including amounts owed by You as a guarantor for the account of another
person, corporation or entity;
You fail to comply strictly with LTE GEN ’s Acceptable Use Policy, as posted
on the LTE GEN .com website from time to time, or with the AUP of your
underlying carrier or services provider;
LTE GEN will incur unusual costs or expenses which You will not pay, for
example, for securing rights of way or rights of access, acquiring space in
buildings, or for special construction; and/or
e LTEGEN has terminated Services to You in the past or you have previously
terminated Services with LTE GEN .
In the event of a billing dispute, LTE GEN will not suspend or terminate your
Services where payment is made for all undisputed amounts when due, provided LTE
GEN does not have reason to believe that the purpose of disputing certain amounts is
to evade or delay payment. For the situations in the first paragraph of this section,
LTE GEN will endeavour to provide reasonable notice, which for the purpose of this
Section 12 includes notice by telephone message, to You stating:
e the reason for the proposed suspension or termination, and the amount in
arrears (if any);
e the scheduled suspension or termination date; and
e the reconnection charge (if applicable).
If LTE GEN has been unsuccessful in its attempts to contact You in relation to a
proposed suspension or termination, LTE GEN is permitted to proceed with the
suspension or termination. Notwithstanding anything contained herein to the
contrary, LTE GEN will not provide notice of a proposed suspension or termination
and may suspend or terminate Services immediately without such notice:
¢ where immediate action must be taken to protect LTE GEN Equipment, LTE
GEN ’s network or connections, to protect the safety or security of others
(including protection against abusive behaviour), to stop the commission of any
offence (including fraud), or to ensure compliance with any law, court order,
ordinance, or other legal requirement;
e where LTE GEN believes that extreme circumstances exist (as determined at
the sole discretion of LTE GEN ), or that there is an abnormal risk of loss
involved in delaying the suspension or termination, including suspicion or
evidence of fraud;
+ in an emergency situation or to comply with a lawful order or request; or
e You become bankrupt or otherwise insolvent, make or attempt to make a
proposal for your creditors, or attempt to utilize or take advantage of any
legislation respecting bankrupt or insolvent debtors.
In the event of a suspension or termination of any of the Services, all features and
services, including emergency 911 service to the applicable telephone numbers may
also be suspended or terminated. A suspension or termination will not affect your
obligation to pay any amounts owed to LTE GEN either during or after the
suspension or termination. If termination occurs during the minimum subscription
period, You will be charged for the amounts owing for the full subscription period.
You may also be charged with any costs incurred by LTE GEN in connection with
your breach of the Terms of Service, including costs incurred to enforce your
compliance. Ifthe Services were suspended or terminated for cause, including non-
payment or for any of the reasons listed above, a reconnection service charge may be
applied for reconnecting each Service. LTE GEN cannot guarantee the availability or
resumption of any previous telephone numbers, IP addresses or any other coding
following a suspension or termination of a Service. In the event of a termination of
Services for whatever reason, a termination fee of $100.00, or such other amount as
LTE GEN may determine from time to time, shall apply and be immediately
thereafter due and payable. This fee shall be liquidated damages and not a penalty and
shall not affect any other obligations or liabilities You may have with respect to
payment of all other costs or charges under these Terms of Service.
13.LTE GEN Initiated Changes in Telephone Numbers and Other
Telecommunications Connections
LTE GEN reserves the right to change telephone numbers, calling card numbers or
any other products or Services involving something which provides for your direct
and unique identification assigned to You. LTE GEN will provide notice of such
change to You indicating the date of such change.
14. Your Right to Cancel
Subject to the terms of the TSA regarding termination by You, if any, and subject to
Section 5 of these Terms of Service, LTE GEN permits You to cancel any or all of
your Services or switch your Services to another provider at any time by contacting
LTE GEN Customer Service at the number shown on your invoice. You must call to
cancel your Services before switching to another provider. 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, as well as any
applicable termination fees provided for in these Terms of Service. For greater clarity,
if You subscribe for Services for a committed period of time and you subsequently
cancel, You may be subject to an early termination fee for those cancelled Services. If
cancellation occurs during the minimum subscription period, You may be charged for
the full month’s charges. If you cancel your Services, You are required to inform a
LTE GEN representative at the time You cancel the Services of the identity of any
replacement provider who You intend to use to provide similar services and the
reasons for your decision to cancel or terminate Services. You acknowledge that it is
your responsibility to inform LTE GEN of your decision to cancel any or all of your
Services prior to switching to another provider. If your services are switched away by
another provider without You informing LTE GEN of your decision to cancel prior to
your cancellation, your services may be switched back to LTE GEN by LTE GEN
without your knowledge. This is done for the protection and convenience of You and
LTE GEN and as part of LTE GEN ’s efforts to combat known problems in Canada’s
telecom industry, such as “slamming”. If You have not informed LTE GEN of your
intention to cancel your services prior to their cancellation, You will be responsible
for all charges incurred by LTE GEN and charged to You after you have been
switched back to LTE GEN .
15.Changes or Modifications of Services or Service Plans
Without incurring liability, LTE GEN may at any time and without notice to You,
change or modify any Services, in whole or in part (including the rates or charges). In
the event of any such change or modification, You will continue to be responsible for
paying all charges incurred for use of the Services including any charges arising out of
the change or modification, and your continued payment of invoices following any
such changes or modifications shall mean that You accept the changes.
Notwithstanding the above, if LTE GEN migrates your Services to another
underlying provider, You agree that such migration or change does not constitute a
material change to these Terms of Service.
16.Customer Privacy and Confidentiality
LTE GEN has created a Privacy Policy to protect your personal information. This is
available for review on the LTE GEN .com website. In accepting these Terms of
Service, You hereby grant your consent to LTE GEN to collect, use and disclose your
personal information for the purposes set out in the policy or as required by law.
Personal Information does not include information listed in public directories or
available through directory assistance, such as your name, address, telephone numbers
or electronic addresses. Any recording or monitoring of telephone calls with You will
be in strict accordance with our Privacy Policy and call recordings as a Service
provided to you are encrypted and handled as specified in our Privacy Policy.
Notwithstanding anything herein or in the Privacy Policy, it is Your sole
responsibility to abide by all laws and regulations when recording calls. LTE GEN
is proud to be able to provide Services to You as a customer. In addition to any other
consents granted to LTE GEN by You under the Privacy Policy, You grant your
consent for LTE GEN to advertise your name and the fact that You are a LTE GEN
customer on the LTE GEN .com website or other promotional material, and, if
applicable, to display your logo, trade-marks or trade name(s) on the LTE GEN .com
website or other promotional material for marketing purposes. You agree that your
information, including personal information, will be disclosed to LTE GEN ’s agents,
employees and third party suppliers in order to best provide the Services to You,
respond to questions You may have, and to allow LTE GEN to promote additional
related Services to You. You may have your name or other identifying material
removed from our third-party marketing lists, the LTE GEN .com website or other
promotional material at any time by notifying LTE GEN of such request in writing,
whereupon LTE GEN will remove your name or identifying material within a
reasonable period of time. While these lists are meant to inform You of relevant and
beneficial products, services or offers, it is your right to have your name removed on
request. You also have the right to refuse to provide personal information or withdraw
your consent for its collection, with reasonable notice and subject to any legal or
contractual restrictions. However, You acknowledge that LTE GEN ’s ability to
provide service may be limited, interrupted or circumscribed as a result. You must
provide notice of your refusal to consent or withdrawal of consent in writing.
17. Policy on Automatic Dialing-Announcing Devices (ADADs) and
Unsolicited Calls Made for the Purpose of Solicitation
LTE GEN enforces all Canadian Radio-television and Telecommunications
Commission rules on Automatic-Dialing Announcing Devices (ADAD) and
unsolicited voice and facsimile calls made for the purposes of solicitation. ADAD
assist callers in making live or facsimile calls. They can store or produce telephone
numbers to be called to deliver a pre-recorded or synthesized voice message. The use
of ADAD to make unsolicited telecommunications for the purposes of solicitation is
prohibited unless express consent has been provided by the intended receiver of such
a telecommunication that they wish to receive same. Prohibited telecommunications
include those initiated by or on behalf of a charity, those requesting that a called party
hold until an operator is available (when the purpose of the telecommunication is to
solicit), for activities such as radio station promotions, or those referring the called
party to a 900 or 976 service number. ADAD telecommunications are permitted
where no attempt is made to solicit, however the following restrictions apply (except
in the case of unsolicited telecommunications made for public service reasons,
including emergency and administration purposes by police and fire departments,
schools, hospitals or similar organizations):
Telecommunications must not be placed to emergency lines and healthcare
facilities;
Unless otherwise provided by or restricted by law, permitted
telecommunications may only be placed between 9:00 a.m. and 9:30 p.m.
Monday to Friday, between 10:00 a.m. and 6:00 p.m. on Saturday and/or
Sunday, and these hours refer to the receiver’s hours for receiving the
telecommunication;
Telecommunications shall begin with a clear message identifying the person on
behalf of whom the telecommunication is being made. This message must
include an emailing address or postal mailing address and a local or toll-free
telephone number at which the called party can reach, at no charge, a
responsible individual representing the originator of the message;
If the actual message exceeds 60 seconds, the identification message must be
repeated at the end of the telecommunication;
Permitted telecommunications must display the originating telecommunications
number (or an alternate telecommunications number where the
telecommunication originator can be reached), unless number display is
unavailable for technical reasons;
Sequential dialing is prohibited. Random dialing and telecommunications to
non-published numbers are allowed, except to emergency lines and healthcare
facilities;
The originator of an ADAD telecommunication shall make all reasonable
efforts to ensure that their equipment disconnects within ten seconds of the
called person hanging up;
the person making the telecommunication and the person — if different — on
whose behalf the telecommunication is made shall ensure that the electronic
mail address, postal mailing address, and local or toll-free telecommunications
number referred to above are valid for a minimum of sixty (60) days after the
telecommunication has been made.
The same dialing restrictions that apply to ADAD apply to unsolicited live voice and
facsimile telecommunications made for the purposes of solicitation. As well, persons
placing unsolicited live voice or facsimile telecommunications to solicit are to ensure
that a customer’s request not to be called again is respected. The customer’s name and
telephone must be removed from calling lists within 7 days of the request for
unsolicited facsimile telecommunications and 30 days of the request for unsolicited
live voice telecommunications. A customer’s “do not call” request must remain active
for three years. Professional telecommunication organizations are to provide
information with respect to itself as well as the person on behalf of whom the
telecommunication is being made. If You, as an ADAD telemarketer, violate the
restrictions posed by the CRTC, LTE GEN may terminate your Services without
further notice.
18.General Provisions
LTE GEN representatives have informed You of the existence of these Terms of
Service and have advised You to review them prior to requesting and accepting
Services from LTE GEN . Your request for and acceptance of Services and/or
payment of any invoice to LTE GEN indicates your acceptance of these Terms of
Service and will signify your acknowledgement of the opportunity to review them.
Except where otherwise stated in these Terms of Service, notices under these Terms
of Service shall be effective if in writing and delivered personally, sent by registered
mail, or sent prepaid by courier, facsimile, email or other similar means of electronic
communications, addressed in the case of notice to You, your address where LTE
GEN sends your invoices or the email contact designated by You as your point of
contact to LTE GEN , and in the case of notice to LTE GEN as specified on the
www.LTE GEN .com website. Any notice so given is received when so personally
delivered or sent by facsimile, email or other similar means of electronic
communication, or on the fourth (4th) day following the date notice was sent if by
prepaid registered mail. You cannot assign or transfer your rights or obligations
under these Terms of Service without LTE GEN ’s prior written consent, however
LTE GEN may transfer its rights or obligations without your consent and these Terms
of Service will enure to the benefit of any such successor entity. These Terms of
Service shall be governed by the laws applicable in the province of your billing
address. From time to time LTE GEN may partner with outside companies to provide
and offer other services to You. These Terms of Service are not altered or modified by
the course of conduct between You and LTE GEN or by trade practice. If any
provision in the Terms of Service is declared to be invalid, illegal or unenforceable,
the remainder of the Terms of Service remain in full force and effect unamended and
only that portion of the Terms of Service will be unenforceable. In the event LTE
GEN does not enforce or waives any breach of the Terms of Service by You, it does
not represent a continuing waiver of such breach or a waiver of any other provision of
the Terms of Service. Please note that the Terms of Service, including pricing, may
vary and may be changed without notice to You by LTE GEN , provided that LTE
GEN will post any then-current version of the Terms of Service on the LTE GEN
com website. LTE GEN keeps and reserves the right, without the obligation to do
so, to monitor your use of the Services, including any of your content and, if
applicable, bandwidth usage, and to perform security checks on your Services and
their use, subject to any provisions of confidentiality or privacy contained in these
Terms of Service, and LTE GEN does not have any responsibility for storing or
backing up any of your data or content arising from your use of the Services. Product
names and terms used throughout these Terms of Service are registered or pending
trade-marks of, or are licensed by, LTE GEN or its affiliates. In addition to where
explicitly provided, any provisions in these Terms of Service that, by their nature, are
intended to survive termination of the Services, shall survive such termination.
19. Transition of Long Distance Service Provision
Where LTE GEN becomes the provider of your local telephone Services but not the
provider of your long distance telephone Services, LTE GEN may arrange to provide
long distance services to You prior to activation by your long distance company, to
ensure continued availability of long distance services. During this interim period,
direct dialled long distance calls will be rated according to a savings plan determined
by LTE GEN , and You will be responsible for payment of long distance charges
incurred during this interim period.
20.Directory Listing Information
If you subscribe to LTE GEN local service, your telephone numbers may be
published in the telephone directory for your area unless you make appropriate
arrangements to have your telephone numbers removed from the directory (unlisted),
and pay any corresponding service charges when due. In the case of errors or
omissions in the directory listings, whether or not the error or omission is with regard
to telephone numbers, individual names or business names, LTE GEN ’s liability with
regard to any such errors or omissions is limited to a refund or credit of any charges
associated with the listings in question for the period during which the error or
omission
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21.Additional Definitions for TSA Signatories
¢ “Term” means the total duration of time during which these Terms of Service
are in effect. The Term commences on the Commencement Date and
encompasses the Service Term and any Renewal Term as defined below. The
Term shall continue until the TSAhas expired or is terminated.
e “Service Term” means the duration of time that LTE GEN is providing You
the agreed upon Services. The Service Term will commence on the date the last
service described in the TSA Initial Service Order, or TSA Addendum, is
activated by LTE GEN , and will be in effect for the duration of time indicated
on the TSA as the Service Term.
« “Renewal Term” meansthe period of time that the Service Term is extended
following the last day of the Service Term, which occurs if neither party has
given written notice of termination prior to completion of the Service Term.
e “Addendum Date” has the meaning ascribed to it in the TSA Addendum.
« “Move” means to move a Service from one service address to another.
« “TSA Addendum” means the document executed by You and LTE GEN
whereby a new Service is contracted for or an existing Service is replaced by
another Service provided by LTE GEN .
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22. Additional Terms and Conditions for TSA Signatories
If You have executed a TSA, the following additional terms and conditions are
applicable to You and binding on You. If You choose to execute a TSA Addendum
or any other documentation, as the case may be, You shall be solely responsible for
ensuring that an authorized signing officer of yours has executed the TSA Addendum
or other documentation, and LTE GEN shall be entitled to rely on such executed
documentation as genuine. If there is a change in the authorized person, You must
inform us of this immediately, utilizing the Change of Information form which LTE
GEN utilizes for this purpose and which LTE GEN will provide to you. In the event
You request a copy of your TSA or other contractual documents, the following
provisions apply: (i) You understand and agree that LTE GEN is under no obligation
to provide a copy of your contract to You; (ii) You must first complete and return to
LTE GEN our Contract Request Form which we may be utilizing at that time and
which LTE GEN will provide to you for completion; (iii) LTE GEN generally
archives contractual documents after a period of three (3) years and LTE GEN shall
be entitled to charge you a fee, at our discretion, to retrieve any such documentation
for You. LTE GEN will inform You of the charge at the time and obtain your
consent to the charge prior to undertaking a search in our archives. At any time
during the Term, if you wish to add new Services or replace existing Services, as the
case may be, they will be added or replaced, as the case may be, by way of an
executed TSA Addendum unless at the time, you indicate to LTE GEN in writing that
you wish to enter into a separate new TSA regarding such Services. A “new Service”
shall include a Service previously used by You but discontinued for any reason, which
You wish to reactivate. At any time during the Term,if you wish to Move an existing
Service, the Move shall be executed by way of a TSA Addendum unless at the time,
you indicate to LTE GEN in writing that you do wish to Move the Service but do not
wish to execute a TSA Addendum. If any time during the Term, you cancel, reduce,
or otherwise subscribe for a lesser volume of that Service or if you modify an existing
Service, including a usage-based Service (including but not limited to long distance
Services and metered bandwidth Services) (“Affected Usage Services”) any of which
results in a decrease in recurring billing (in each case a “Change”), You will pay to
LTE GEN , for the remaining billing recurrences of the Term, commencing from the
date of the Change (in each case the “Trigger Date”)(i) in the case of Affected Usage
Services, the difference between the actual amounts billed to You for use of such
Service following the Trigger Date and an average of the highest three previous
recurrences charged to you during the Term relating to such Affected Usage Services,
or (ii) in any other case, the difference between the actual amounts billed to You for
use of such Service following the Trigger Date and the amount that would have
otherwise been billed to You in each such recurrence. Monthly recurring billing is
most typical. Other recurring billing periods may include, but are not limited to, bi-
monthly, quarterly and annually. In the event You choose to terminate a Service, or
LTE GEN is required to terminate a Service due to a breach by You of these Terms
of Service prior to the expiry of the Term, You shall pay to LTE GEN in one lump
sum a termination fee equal to 100% of the recurring rate for the terminated Services,
multiplied by the number of recurrences (and, in the case where termination occurs
after the first day of any recurrence, a pro rata calculation of such recurring rate will
apply for the remaining days in such recurrence during which the termination takes
place), remaining in the Term. Where You cancel a Service prior to the installation
of that Service then, notwithstanding anything contained in the TSA, in such
circumstances (and particularly for the calculation of any applicable termination fees
or charges) the Service Term for the cancelled Service will be deemed to commence
on the date You cancel such Service. THE TSA SHALL AUTOMATICALLY
RENEW FOR PERIODS OF ONE (1) YEAR (EACH A “RENEWAL
TERM”), FOLLOWING THE LAST DAY OF THE SERVICE TERM, AND
THEREAFTER, FOLLOWING THE LAST DAY OF ANY SUBSEQUENT
RENEWAL TERM, UNLESS EITHER PARTY SHALL HAVE GIVEN
WRITTEN NOTICE OF TERMINATION AT LEAST 120 DAYS PRIOR TO
COMPLETION OF THE SERVICE TERM OR ANY RENEWAL TERM
THEREAFTER OR UNLESS LTE GEN SHALL HAVE GIVEN NOTICE OF
TERMINATION AS PROVIDED FOR IN THESE TERMS OF SERVICE. For
this paragraph, notwithstanding any other statement in these Terms of Service, if
there is any discrepancy between the terms in this paragraph and the TSA, the
terms of this paragraph will govern and be paramount. In the event a TSA is
terminated but You continue to receive Services from LTE GEN , these Terms of
Service shall continue to apply for so long as You receive the Services except that the
fees payable by You shall be LTE GEN ’s then-prevailing month-to-month fees for
the Services in effect from time to
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23. Additional Terms and Conditions for Internet and Data Users
If You are using Services relating to internet or data transmission, communication,
storage or other use, the following additional terms and conditions shall apply: The
availability of high-speed Internet Services is dependent on the availability of suitable
residential telecommunications faciliites supplied by our underlying carriers. The
number of service connections per IP address may be limited. Due to the nature of
high-speed Internet Services technology, LTE GEN reserves the right to deem that
high-speed Internet Services cannot be made available up to, including and after
installation. LTE GEN ’s Internet Services include the ability to establish multiple
email accounts. All accounts established shall form part of your account with LTE
GEN and You are solely responsible to ensure that any account created for a user
under the age of majority has been created with the consent of that person’s parents or
guardians. LTE GEN is responsible for delivering Internet and data Services to the
Customer Premises Equipment (“CPE”) forming part of the LTE GEN Equipment,
located on your premises. You are solely responsible for adequately configuring and
maintaining any internal networking equipment forming part of Your Facilities in
order to allow the Services to be delivered from the CPE to your intended users. LTE
GEN may assign to You a reasonable number of internet protocol addresses (“IP
Addresses”). You acknowledge that IP Addresses are not portable and You do not
obtain any right or title to or interest in IP Addresses. LTE GEN can change your IP
Addresses at any time provided LTE GEN utilizes reasonable commercial efforts to
avoid disrupting the Services. You agree that internet and data-related Services may
not be accessible or may otherwise be interrupted for scheduled maintenance. It is
anticipated that such maintenance shall take place between the hours of 12:00 am and
6:00 am. You acknowledge and agree that no network security system related to the
internet or any other network is hack-proof or proof against abuse or fraudulent acts
and LTE GEN shall not be liable for any Losses in this regard other than as specified
in these Terms of Service. Any data transmitted, communicated or stored by You
and/or any content of your website, emails or other electronic communications by
You (including any of your employees, shareholders, officers, directors, agents,
representatives, contractors or others for whom you are reasonably responsible for at
law) shall not a) violate any applicable laws, regulations or policies of LTE GEN ,
including any AUP.(b) result in a breach of any contract, agreement or arrangement
with any third party, or (c) unreasonably interfere with the Services provided by LTE
GEN to any other party. LTE GEN assumes no responsibility whatsoever for
accuracy of geolocation of IP
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24, Additional Terms and Conditions for Hosted PBX and SIP Trunk Users
(VoIP Services)
Due to the nature of VoIP Services (inclusive of SIP trunk Services and Hosted PBX
Services), which inherently require Internet usage, the quality of VoIP is dependent
upon the Internet connection which You utilize. LTE GEN cannot guaranteethe
quality of VoIP Services if LTE GEN is not the provider of theInternet connection
over which the VoIP Services are provided. LTE GEN is responsible for delivering
SIP trunk Services to and from the IP address You have supplied to LTE GEN . You
must notify LTE GEN of any changes to the IP address within a reasonable time in
advance of any such change. You are solely responsible for adequately configuring
and maintaining any internal networking or other equipment forming part of Your
Facilities in order to allow the Services to be delivered from your router, firewall or
any other networking equipment to your IP-PBX. Furthermore, You are solely
responsible for correctly configuring your IP-PBX with the appropriate setup
credentials provided to You by LTE GEN prior to installation. With respect to
Hosted PBX Services, You are solely responsible for adequately configuring (with the
appropriate setup credentials provided to You by LTE GEN prior to installation) and
maintaining any telephones not purchased from LTE GEN and utilized by You or
your intended users. You are solely responsible for adequately configuring and
maintaining any internal networking or other equipment forming part of Your
Facilities in order to allow the Services to be delivered from your router, firewall or
any other networking equipment to any IP telephones and/or facsimile machines
which are inside of and form a part of your network. You will cooperate with and
provide access to Your Facilities and your personnel for LTE GEN so LTE GEN can
assess whether your systems are suitable for Hosted PBX Services. You will be able
to utilize up to 2,000 minutes per month per channel for SIP trunk Services and 2,000
minutes per month per 1:1 extension for Hosted PBX Services as fair usage. This fair
usage applies to locations in Canada and the United States of America but does not
apply to or include off-net locations, including but not limited to Yukon or
Nunavut. A full list of off-net locations can be supplied to You by LTE GEN upon
request. These fair usage limits apply to Services bundled with Long Distance
Services and any telephone call outside the local calling area (as can be found
on www.localcallingguide.com) of your main/pilot DID shall be considered “Long
Distance”.