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These General
Terms of Service apply to products or services supplied by BT to
you, whether directly or, if you are a tenant, by BT to your landlord,
which you are permitted to use or access (collectively, the "services").
These terms incorporate by reference the BT Privacy Policy (which is available on the Building Technologies home page for your review @ www.buildingstech.com). A reference to "terms" within this policy refers to these terms as well as the Privacy Policy. By receiving services from BT, you are deemed by BT to have read, understand and agree to be bound by and comply with these terms (as well as the Privacy Policy). We recommend that you print copies of the terms, and visit this site regularly for updates to the terms. You are permitted to use the services provided that you comply with these General Terms, as well as applicable laws, rules and regulations. You are responsible for maintaining the confidentiality and security of any access codes issued to you, as well as for the security of your telephone and other telecommunication equipment used by you to receive the services. You have represented to BT that you are the person authorized to subscribe for the services. In the event of a dispute regarding your authorization, the local voice subscriber will be accepted by BT as the sole person authorized. Payment Terms: You are responsible for payment of all associated fees and expenses that are charged for use of the services (whether by you or a third party), including long distance charges, download/upload throughput costs and electricity consumption. Minimum subscription periods may apply to certain services. Please ensure you review the applicable services terms. When BT is your local telephone provider but not your long distance telephone provider, BT may provide long distance services to you prior to activation by your long distance company, to ensure continued availability of long distance services. Direct dialed long distance calls will be rated according to the BT savings plan, and you will be responsible for all long distance charges incurred during this period. Charges for services will commence on the date they are activated. You must pay all amounts invoiced by the due date specified on the applicable invoice. Invoices will also include applicable taxes for which you are responsible. Late payments will be charged interest at a rate of 2% per month (24% per year), or the highest change allowable at law (whichever is less) until all outstanding amounts have been paid in full. BT will apply a 'returned cheque" charge of $20.00 for each cheque returned. BT reserves its right to require payment on an interim basis in cases where charges to your account are excessive or where BT reasonably suspects fraudulent activity. Such amounts will be due and payable on the date as specified by BT in its invoice to you. Disputes regarding invoices must be submitted to BT within 45 days of the date of the disputed invoice or you will be deemed to have accepted all such invoices as accurate. BT agrees to review the disputed amounts provided that you otherwise remit all other amounts when due and owing. If services are cancelled, all credit balances for undisputed amounts must be claimed within 60 days of the date of service cancellation or such amounts will become the property of BT and all credits otherwise issued by BT will expire. BT may charge a reasonable processing fee for issuing refunds. Review of Creditworthiness; Disclosures of Information: BT reserves its right to review your credit worthiness and to require a deposit or other security, before providing, continuing, or reinstating services. Should BT at any time consider a credit deposit to be insufficient, a further credit deposit may be required. BT will determine, at its discretion, how your deposit or other security will be allocated to satisfy outstanding amounts owed by you to BT. By subscribing to the services, you authorize BT to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as BT may reasonably request for this purpose. Further, we reserve our rights to: disclose any information as necessary to satisfy any law, regulation, or governmental request, investigate suspected violations of these terms, including the gathering of information from the customer(s) involved and the complaining party, if any, and examination of material on our servers and network. You consent to and authorize BT, its affiliates and agents to cooperate with law enforcement authorities or governmental agencies or other service providers or other network or computing facilities in the enforcement of these terms or in the investigation of suspected violations of applicable law. Such cooperation may include provision of usernames, IP addresses, names and addresses or other identifying information. Maintenance and Repair Service: You or your landlord are required to supply all facilities and equipment to receive the services including, without limitation, all wiring inside your premises, and all telephone terminal equipment necessary to connect your facilities and equipment up to the demarcation point (the point where the local telephone company's facilities end, and you or your landlord's facilities begin). BT is not obligated and assumes no obligation to maintain or repair facilities or equipment leased or owned by you or your landlord. However, BT may provide maintenance and repair service, in accordance with its then-current rates for such services, if requested to do so. If you request such services, you will be billed directly by BT. IF your landlord requests such services, your landlord will be billed directly by BT. BT, its agents 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 the telecommunications network, equipment or facilities. You agree to make such facilities and equipment available to BT (including providing access to your premises) as may be reasonably necessary in the circumstances. Upon request, BT employees must show valid identification prior to entering your premises. Service Interruption: BT may be required from to time to install, inspect, repair, replace or to perform necessary maintenance on equipment, facilities or networks, or for other technical reasons. BT may do so at any time, for any period of time, without notice or liability. Termination or Suspension of Services: Without incurring any liability whatsoever, BT may refuse to provide services to you where you have outstanding past due account balances or where you do not provide a security deposit or provide alternative security measures when requested by BT or where BT:
Without incurring any liability whatsoever, BT may suspend or terminate any or all of the services where you:
Violations of these terms may also subject you to criminal or civil liability or other legal action. You consent to and authorize BT to terminate, without notice, your access and use of the products or services if, in our sole discretion, you have violated these terms. Notice of Termination: In the event of any of the above, BT will provide reasonable notice to you at your billing address stating: the reason for the proposed suspension or termination, and the amount in arrears (if any); the scheduled suspension or termination date; and the reconnection charge (if applicable). If BT has been unsuccessful in its attempts to contact you in relation to a proposed suspension or termination, BT will proceed with the suspension or termination. Billing Disputes: In the event of a billing dispute, BT will not suspend or terminate your services where: (1) you are prepared to enter into and honour a mutually acceptable deferred payment agreement; or (2) payment is made for all undisputed amounts when due, provided BT does not have reason to believe that the purpose of disputing certain amounts is to evade or delay payment. Suspension or Termination Without Notice: Notwithstanding anything contained herein to the contrary, BT will not provide notice of a proposed suspension or termination: where immediate action must be taken to protect BT's facilities, equipment, 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; where BT believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination; or in an emergency situation. Effects of Suspension or Termination: In the event of a suspension or termination of the services, all features and services, including emergency 9-1-1 services to the applicable telephone numbers will also be suspended or terminated. A suspension or termination will not affect your obligation to pay any amounts owed to BT either during or after the suspension or termination. For local voice subscribers, if termination occurs during the minimum subscription period, you will be charged for the full month's charges. Reconnection Charges: If the services were suspended or terminated for cause, including non-payment or for any of the reasons above, a reconnection service charge may be applied for reconnecting each line. BT cannot guarantee the availability or resumption of any previous telephone numbers following a suspension or termination of a telephone line. Warranties, Disclaimers and Limitation of Liabilities: THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BT AND ITS SUPPLIERS DISCLAIM ALL OTHER REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE AS TO THE SERVICES, OR ANY OTHER PRODUCT OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ANY PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR PROVIDE ANY PARTICULAR RESULTS; OR THE OPERATION OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NEITHER BT NOR ITS SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE). WE ARE ALSO NOT RESPONSIBLE FOR DAMAGES TO THIRD PARTIES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CAUSE OR FOR ANY DAMAGES WHATSOEVER SHALL NOT EXCEED FORTY DOLLARS. In no event will BT be responsible for any claims, damages, losses or expenses, including without limitation lost wages or missed work, in the event that an installation appointment is missed or delayed, by either BT or by any third party installer. Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you. In such an event, the disclaimers, limitations and exclusions shall be enforced to the fullest extent permissible at law. Your Indemnity: You agree to indemnify, defend, and hold harmless BT, its subsidiaries and affiliates and their officers, employees, directors, agents, suppliers from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from your activities in connection with any breach of these terms or your use of the services. Policy on Automatic Dialing-Announcing Devices (ADADs) and Unsolicited Calls Made for the Purpose of Solicitation: BT 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 calls for the purposes of solicitation is prohibited. Prohibited calls include calls made to solicit on behalf of a charity, the use of ADAD messages to request that a called party hold until an operator is available (when the purpose of the call is to solicit), activities such as radio station promotions, or ADADs calls referring the called party to a 900 or 976 Service number.
ADAD calls are not prohibited where no attempt is made to solicit, however the following restrictions apply: i. Permitted unsolicited ADAD calls must not be placed to emergency lines or healthcare facilities. ii. Unless otherwise provided by law, permitted unsolicited ADAD calls may only be placed between 9:30 a.m. and 8:00 p.m. Monday to Friday, between 10:30 a.m. and 5:00 p.m. on Saturday, and between noon and 5:00 p.m. on Sunday. iii. Permitted unsolicited ADAD shall begin with a clear message identifying the person on behalf of whom the call is being made. This message should include: a mailing address and a 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 call. Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the above requirements. iv. Permitted unsolicited ADAD calls must display the originating calling number, unless number display is unavailable for technical reasons. Alternatively, ADAD users may subscribe to alternate number display service and display another number at which the call originator can be reached. v. Sequential dialing is prohibited. Random dialing and calls to non-published numbers are allowed. vi. An ADAD user shall make all reasonable efforts to ensure that their equipment disconnects within ten seconds of the called party hanging up.
The same dialing restrictions that apply to ADAD apply to unsolicited live voice and facsimile calls made for the purposes of solicitation. As well, persons placing unsolicited live voice or facsimile calls to solicit are to ensure that a customer's request not 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 calls and 30 days of the request for unsolicited live voice calls. A customer's "do not call" request must remain active for three years. Professional calling organizations are to provide information with respect to itself as well as the person on behalf of whom the call is being made. ADAD callers who violate the restrictions posed by the Canadian Radio-television and Telecommunications Commission could have their service terminated after two business days' notice. Directory Listings
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, BT'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 occurred. Available Special Needs Services
As a local subscriber, you will receive access to emergency services through the 9-1-1 Service Provider that connects BT's dedicated trunks to the municipality's Public Safety Answering Point. The emergency 9-1-1 fee charged by the municipality may be billed each month as part of your monthly charge for basic services, or may be billed directly by the municipality.
As a local voice subscriber, you will receive Hearing Impaired Assist 24-hours a day. Hearing Impaired Assist operators are available to assist you in placing calls to or from persons who use a TTD (telecommunications device for the deaf) machine. Hearing Impaired Assist enables hearing customers to communicate with deaf, hard-of-hearing, and speech impaired customers by relaying messages between TTD's and conventional phone users. The surcharge for sent paid calls will not be applied to local Hearing Impaired Assist calls. Hearing Impaired Assist callers will also be charged a lower rate (the automated operator rate) for live collect and bill-to-third calls. The charge for this service will be billed each month as part of your monthly charge for basic services. Long-distance charges will apply, where applicable. Specialized Operator Service staff relay messages word for word and are not permitted to disclose this information to anyone else. These staff are provided by the 3rd party telecommunication providers, and not by BT. To communicate with customers who are speech-impaired, deaf or hard-of-hearing a subscriber may call them directly using a TTD, if the subscriber needs to place a call through the Hearing Impaired Assist operator
BT provides Visually-Impaired Customers, upon request, billing statements in Braille, large print or on customer diskette. BT will also provide Visually-Impaired Customers, upon request, bill inserts informing them about new services or changes in rates for existing services, and any bill inserts mandated from time to time by the CRTC.
BT offers registered Special Needs Customers the following free and discounted services: No surcharge will be applied on sent paid calls Customer Service You may contact BT Customer Service for information, inquiries or concerns regarding the services, or other BT services or products, your account or any other matter relating to BT at 613-721-9763 you may also write to BT at: Building Technologies Inc. General: Changes to these terms: We reserve the right to change these terms at our sole discretion and without notice. Changes are effective on the date they are posted. you can determine this date by looking at the date in the lower right hand corner of this web page. We recommend that you print a copy of these terms for future reference and revisit these terms from time to time to ensure you are aware of any changes. your continued use of the products or services signifies your acceptance of any changed terms. Additional terms: your use of certain products or services made available by BT or its suppliers from time to time may be subject to additional terms and conditions, which will be made available to you prior to or at the time you access these resources or conduct these transactions. Applicable Laws and Jurisdiction; Disputes: The law of the province of Ontario and any federal laws applicable to residents of Ontario will apply to all issues and matters relating to or arising from these terms or your use of any products or services supplied by BT. Choice of law principles are hereby expressly excluded. All matters in difference between the parties in relation to this Agreement shall be dealt with in accordance with this section. No provision hereof shall limit the right of any party to obtain equitable relief, including without limitation, injunctive relief, from a court of competent jurisdiction before, after or concurrent with mediation, arbitration or other proceeding. The parties agree that any continuing disputes arising from or related to this Agreement shall be decided by binding arbitration in Ottawa, Ontario, pursuant to the Arbitration and Mediation Institute of Canada's Rules of Procedure for Commercial Arbitration and any applicable laws within the Province of Ontario. Unless provided otherwise in the Agreement, the arbitrators may not award non-monetary or equitable relief of any sort. They shall have no power to award (i) damages inconsistent with the Agreement or (ii) punitive damages or any other damages not measured by the prevailing party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration. In no event, even if any other portion of these provisions is held to be invalid or unenforceable, shall the arbitrators have power to make an award or impose a remedy that could not be made or imposed by a court deciding the matter in the same jurisdiction. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrators may disclose the existence, content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interests. The result of the arbitration will be binding on the parties, and judgment on the arbitrators' award may be entered in any court having jurisdiction. The parties agree that the arbitrator's award may only be appealed on an error in law or patent unreasonableness you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the products or services. Severance: If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these terms, shall not affect the validity and enforceability of any remaining terms and shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section titles are for convenience only. BT's failure to enforce these terms, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Survival: In the event of termination of the provision of products or services to you, the provisions respecting your payment obligations, Disclosures of information, Disputes, BT's Warranties, Disclaimers and Limitations of Liability, and the General provisions will survive. Basis of Bargain: The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between us. BT would not be able to provide the products or services on an economic basis without such limitations. |
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