Rates are subject to change without prior notice and are subject to all applicable taxes. Certain conditions apply. The Customer must confirm that they have read and understood the 911 Service differences, as listed in the Terms of Service (section 3 a). The Customer must also select pre-authorized monthly credit card payments or chequing account withdrawals (available where technology permits). Iristel may withdraw this offer at any time at its sole discretion, without any prior notice. Local Calling Areas are defined by the phone number selected. This cannot be combined with any other offer.
VoIP services allow the Customers to make or receive telephone calls over the Internet to or from the Public Switched Telephone Network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and the Customer acknowledges, understands and agrees that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 911 emergency services.
Differences to Traditional Telephone Service
Because of the unique nature of VoIP telephone calls, emergency calls to 911 through Iristel will be handled differently than traditional telephone services.
The following provisions describe the differences and limitations of 911 emergency calls, and the Customer hereby acknowledges and understands that the Iristel service is not a traditional telephone service.
There are important differences between traditional 911 telephone services and the services provided by Iristel as set out in these Terms and Conditions. Customers must review the section below in its entirety.
Placing 911 Calls
If the Customer makes a 911 emergency call, Iristel will attempt to automatically route the Customer’s 911 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the Customer’s address of record on his or her account.
However, due to the limitations of the VoIP telephone services, the Customer’s 911 call may be routed to a different location than that which would be used for traditional 911 dialing.
For example, the Customer’s call may be forwarded to a third party, specialized call centre that handles emergency calls. This call centre is different from the PSAP (Public Safety Answering Point) that would answer a traditional 911 emergency call which has automatically generated the Customer’s address information. Consequently, the VoIP Customer will be required to provide his or her name, address, and telephone number to the call centre operator.
How Your Information is Provided
Iristel will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with the Customer’s account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain the Customer’s name, phone number or physical location.
Therefore, when making a 911 emergency call, the Customer must be prepared to immediately (confirm and) inform the dispatcher of his or her location and call-back number (or the location of the emergency, if different), since the operator may not have this information. If the Customer is unable to speak, the dispatcher may not be able to locate him/her if the Customer’s location information is not up to date.
Failure to keep information current will result in a Customer not being able to communicate during a 9-1-1 call; and/or the emergency operator may assume that Customers are at the last registered address.
Correctness of Information
The Customer is responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) for his or her account.
If the Customer does not correctly identify the actual location where he/she is located, or if the Customers account information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site.
For example, if the Customer changes the address from which he or she uses their Broadfone or Broadfone PC Phone service, access to 9-1-1 service will not function properly.
Upon moving to a new address, or change of use of Broadfone or Broadfone PC Phone service, the Customer must immediately notify and advise Iristel by email or by telephone with the most current location information.
Failure to advise Iristel of any changes will adversely affect the ability to access the 9-1-1 Service. You may also update your most likely physical address online through the Iristel Portal.
911 NOTE for Auto Attendant Customers
For Auto Attendant Customers with their associated extensions, please note that only the main company number and the main company service address will be on file for 911, regardless of where the associated extension is located.
During the 9-1-1 call, the Customer must not disconnect the 911 emergency call until told to do so by the dispatcher, as the dispatcher may not have the Customer’s number or contact information.
If the Customer is inadvertently disconnected, he/she must call back immediately.
For technical reasons, including network congestion, it is possible that a 911 emergency call will produce a busy signal or will take longer to connect when compared with traditional 911 calls.
911 Calls May Not Function
For technical reasons, the functionality of 911 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:
Therefore, it is strongly advised that backup power supply be made available, such as a UPS.
Inform Other Users
The Customer must ensure full understanding of the 9-1-1 service limitations and is responsible for notifying, and agrees to notify, any user or potential users of VoIP services aware of the nature and limitations of 911 emergency calls on the VoIP services as described herein.
IP Relay 9-1-1
The IP Relay service is not designed for emergency calling and it should not be used as a substitute for 9-1-1 calling.
Access to 9-1-1 via IP Relay has certain limitations relative to Enhanced 9-1-1 service, which is available on most “traditional” telephone service. The 9-1-1 operator may not know where you are calling from unless you provide accurate location information (address) when asked.
9-1-1 emergency calls made using IP Relay may take longer to be connected to the correct 9-1-1 response center than calls made from a traditional wireline phone. You should keep your address information current with your Service Provider as the operator may assume that you are at the address you submitted upon service registration if you are not able to speak during a 9-1-1 call.
When placing a 9-1-1 call, do not disconnect until told to do so by the operator, and place the call again if you are disconnected.
Make sure that you and any users of IP Relay are familiar with the nature and limitations of the 9-1-1 calls placed using the service. You may contact the Iristel Accessibility Team with any questions about 9-1-1 service on IP Relay.
Customers are advised to review this section with respect to Iristel’s limitations of liability.
THE CUSTOMER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9-1-1 SERVICE DIFFERENCES. BY ACCEPTING THESE TERMS, THE CUSTOMER ACCEPTS IRISTEL VoIP SERVICES ON THESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST IRISTEL, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO THE IRISTEL 9-1-1 SERVICE. THE CUSTOMER ALSO AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ABOVE PERSONS FROM ANY SUCH CLAIMS FOR DAMAGES, INCLUDING LEGAL FEES. THE CUSTOMER’S WAIVER AND INDEMNITY IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
The Customer is responsible for notifying us of any changes in his/ her email address by contacting the Customer Care Team at email@example.com. Otherwise, we will continue to use the Customer’s previous e-mail address until a notice of change has been provided by Customer.
We reserve the right to bill at more frequent intervals if the amount owing at any time exceeds $50. The Customer is responsible to Iristel for payment of all the service charges and/or the equipment supplied to them.
Iristel’s “Carrier” Services are available in Canadian, United States or European currency.
A late payment charge applies when a payment has not been received within twenty one (21) days after the date of the statement of account for service. This charge is a monthly compound rate of 1.5%.
If a service has been suspended for non-payment, Iristel reserves the right to apply a $20 reactivation fee before reactivation.
An administrative fee of $15.00 per occurrence will be charged to Customer for any payments returned by the bank for non-sufficient-funds (“NSF”). A charge disputed by the Customer in good faith shall not be considered past due unless Iristel has reasonable grounds to believe that the sole purpose of the dispute is to evade or avoid payment. The Customer acknowledges that Iristel will not issue cheques for refunds of amounts lower than ten dollars ($10.00).
Alternatively, the Customer agrees that any refunds lower than ten dollars ($10.00) will be credited against the Customer’s account.
Unless there has been a deception with regard to a charge, the Customer is not responsible for paying a previously unbilled or under billed charge except where:
In the case of a recurring charge that should not have been billed or was over billed, the Customer will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law.
However, if the Customer does not dispute the charge within 60 days of the date of an itemized statement, Iristel will not credit such charge for the period prior to that statement.
Non-recurring charges that should not have been billed or that were over billed will be credited, provided that the Customer disputes such charges within seven (7) days of receiving their credit card statement.
The Customer’s initial use of services, after having submitted a credit card or bank account information with the express request to be used for pre-authorized payments, authorizes Iristel to process the information provided for the due charges. The Customer must notify Iristel of any changes in payment information, and is responsible for the charges that accrue during any billing cycle.
The authorization shall remain valid for 30 days after Iristel receives written notice requesting termination of pre-authorized payments. Iristel may terminate service at any time at its sole discretion, if any charge to the Customer’s credit card or bank account on file with Iristel is declined and/or in the case of any other non-payment of account charges.
In the case of termination of service for non-payment, including but not limited to a declined credit card or bank account withdrawal, the Customer is fully liable to Iristel for all charges accrued to date of termination; as well as for charges incurred by Iristel owing to non-payment, such as (but not limited to) collection costs and attorney’s fees.
Pre-Authorized Billing Form
By accepting services from Iristel, I hereby authorize Iristel to charge my credit card account and/or my bank account on an ongoing basis for any amounts owing. I understand that this authorization is valid for as long as I am an Iristel subscriber, unless I provide written notice of termination to Iristel. I also agree to contact Iristel if there are any changes to my credit card or bank account information.
If the chosen payment method is pre-authorized monthly chequing account withdrawals, the Customer is required to provide Iristel with a copy of a void cheque. The Customer may send a scanned copy by e-mail to firstname.lastname@example.org or by fax to (416) 848-7921 to the attention of the Customer Care Team. This is required as a means to verify the account details and to meet auditor requirements to maintain a copy of the banking details (void cheque) in the Customer files.
Upon termination of service for any stated reason, the Customer will be responsible for the charges accrued through the date of termination, including without limitation unbilled charges and a termination fee, if applicable; all of which immediately become due and payable.
In addition to Iristel’s right to terminate the Customer’s services, Iristel may restrict, block, suspend or terminate any or all services or accounts, without prior notice to the Customer, if:
Upon the termination of a Service Agreement, the Customer will remain responsible for payment of all charges accrued throughout the effective date of termination, as well as applicable termination fees or purchase fees.
Iristel’s loaned and/or rented equipment must be returned within the 30 days of termination; failing to do so, the Customer will be charged the full price of any equipment not returned.
Returned equipment must include original packaging, accessory materials and must not show physical damage. If any of Iristel’s equipment is returned in an unsatisfactory condition, which shall be determined by Iristel at sole discretion, Iristel will charge Customer the full purchase price of such equipment.
For termination of service prior to the completion of a fixed term agreement, Customer will be charged an Early Termination Fee (“ETF”). The ETF is subject to such service or hardware discount received by Customer for entering the Agreement; based on the length of the Agreement and the economic gain for the agreed period. Iristel shall deem the entire cost of providing discounted services and/or hardware covered, upon Customer’s fulfillment of said period.
Iristel’s liability for any failure or mistake shall in no event exceed service charges on account of the affected time period.
Iristel is not liable for incidental or consequential damages of any type.
UNDER NO CIRCUMSTANCES SHALL IRISTEL INC., ITS PARENTS, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF IRISTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IRISTEL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Iristel will advise the Customer of the reason it collects personal information when or before such information is collected.
The Customer’s knowledge and consent to the collection, use or disclosure of personal information is required, except where inappropriate to do so.
Iristel will limit its collection of personal information to that which is necessary for the abovementioned purposes. This collection shall only be done by fair and lawful means.
Iristel will not use or disclose personal information for any purposes other than those for which it was collected, except with the consent of the individual or as required by law.
When we provide information to third parties, such parties are required to adhere to confidentiality agreements to ensure that the Customer’s information remains safe and secure. Third parties include Iristel agents, other communications Service Providers (to enable service delivery outside Canada), Collection Agencies, emergency services and Law Enforcement Agencies.
Personal information shall be retained only as long as necessary for the fulfillment of those purposes.
Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
Upon request, the Customer shall be informed of the existence, use, and disclosure of his or her Personal Information and shall be given access to that information. The Customer may challenge the accuracy and completeness of the information and have it amended as appropriate.
Definition: “Personal Information”
Means information about an identifiable individual and includes information about the Customer’s Iristel VoIP service selections.
Information that is publicly available (such as a public directory listing of a name or information that is printed on a business card - including the Customer’s address, telephone number and email address) and is not considered personal information.
The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding.
Without limiting the foregoing, the parties agree that no arbitrator has the authority to:
Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
All claims shall be arbitrated individually and the Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process. The arbitrator shall have no authority to award punitive damages.
The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their telecommunications services. If you have a complaint about your telephone, wireless, or Internet service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you, free of charge.