Terms of Service

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1a) Acceptance of Terms:

Provincial Tel reserves the right to change, modify, update prices (Price Plans, Features, Special Numbers, etc.) add or remove portions of the Terms of Service at any time without direct notification to subscribers. The Customer must check these Terms of Service for changes. The Customer’s continued use of this website and of the Provincial Tel service following the posting of changes to the Terms of Service will be considered an acceptance of those changes.

1b)  Term:

Service is offered on a monthly basis from the beginning to the end of the month. Fees are pro-rated based on the specific signup date during that month. Subsequent terms of this Agreement will be renewed automatically on a monthly basis without further action by the Customer unless the Customer provides Provincial Tel with written notice of non-renewal at least [10] days before the end of the monthly term in which the notice is given. Since the Customer is purchasing Provincial Tel’s services for full monthly terms, if the Customer attempts to terminate Service prior to the end of a monthly term, he or she will be responsible for the full month’s charges to the end of the then-current term. This will include unbilled charges, plus a Disconnection fee, all of which become due and payable immediately once the Customer provides notice.

1c)  Commercial Use of Service and Device:

Provincial Tel services and devices are provided for use by the Customer. The Customer cannot resell or transfer Provincial Tel’s services or devices to any other person for any purpose, without the express and written permission of Provincial Tel in advance.

1d) Lawful Use of Provincial Tel’s Services and Devices:

The Customer agrees to use Provincial Tel’s services and devices solely for lawful purposes. Provincial Tel’s services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind. This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law. Provincial Tel reserves the right to terminate service immediately and without advance notice if the Customer violates the above restrictions. In those cases the Customer will be responsible for the full month’s charges to the end of the current monthly term, including unbilled charges, plus a Disconnection fee, all of which become due and payable immediately once Provincial Tel’s service is terminated.

1e) Unauthorized Usage of Provincial Tel’s Devices, Firmware or Software:

The Customer acknowledges that he or she is not given by the present agreement any license to use the firmware or software embedded in the device for any other purpose than that described in the present agreement as authorized by Provincial Tel; and that the devices provided are exclusively for use in connection with Provincial Tel’s services. If the Customer decides to use Provincial Tel’s services through an interface device not provided by Provincial Tel, Provincial Tel reserves the right to prohibit or disconnect service as deemed necessary.

1f) Tampering with Provincial Tel’s Devices:

The Customer agrees not to change the electronic serial number or equipment identifier of any Provincial Tel devices – or to perform a factory reset of the devices – without express prior written permission from Provincial Tel. Provincial Tel reserves the right to terminate service should the Customer tamper with any of the devices, leaving the Customer responsible for the full month’s charges to the end of the current term, including unbilled charges, plus a Disconnection fee, all of which immediately become due and payable immediately.

1g) Theft of Service:

The Customer agrees to notify Provincial Tel immediately, in writing or by calling the Provincial Tel customer support line, if any Provincial Tel device is stolen or if the Customer becomes aware that his or her service is being stolen or used fraudulently. When contacting Provincial Tel, the Customer must provide the account number and a detailed description of the circumstances of the said Provincial Tel device theft or stolen or fraudulent use of Provincial Tel services. Failure to do so in a timely manner may result in the termination of the Customer’s service and additional charges to you. Please note that it is the Customer’s responsibility to secure any credentials provided to them by Provincial Tel.

1h) Return of Provincial Tel Devices:

Provincial Tel devices may be returned to Provincial Tel within thirty (30) days of the line activation provided that:

    1. the Customer has retained proof of purchase and original packaging;
    2. Provincial Tel items returned are undamaged and in original condition;
    3. all documentation and packaging materials are returned in good order.


If a Customer receives Provincial Tel cartons and/or devices that are visibly damaged, please note the damage on the carrier’s freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Provincial Tel’s customer support department immediately. Warranty coverage varies depending on the type of chosen device. Please refer to the Provincial Tel warranty materials included in the packaging of the Provincial Tel device(s). After this thirty (30) day prescribed time limit, all disbursements for purchase of Provincial Tel devices by the Customer will be non-refundable at time of termination of Provincial Tel services by the Customer and/or Provincial Tel. The Customer acknowledges that, under no circumstance, should there be any refund for the shipping charges nor the utilization fees based on a pro-rated period. All of these become due and payable immediately when the said devices are returned. Customers renting the Provincial Tel devices must return their device(s) within 45 days from the Account Cancellation date or Service Termination date to enable account closure and final billing, provided that items returned are undamaged and in original condition and that all documentation and packaging materials are returned in good order. Please note that if the devices are not returned within the 45 days time frame, the full hardware cost(s) will be charged on the account. It is understood that the Provincial Tel devices are subsidized by Provincial Tel and that the true cost of the Provincial Tel devices are $400.00 per two port analog unit. The Provincial Tel devices are for Provincial Tel’s customers and are sold at a subsidized rate per unit on Provincial Tel’s website located at www.provtel.com. In the case of damage to a rented Provincial Tel unit – or non-payment of the Customer’s Provincial Tel account –the full amount of $400.00 plus applicable taxes will be charged to the Customer’s account for the cost of the Provincial Tel subsidized hardware.

1i) Number Transfer on Service Termination:

Provincial Tel will agree to transfer the number to another carrier of the Customer’s choice upon termination of Provincial Tel’s services, provided that both:

    1. The account has been properly and lawfully terminated, and;
    2. The Customer’s Provincial Tel account is completely current, given either of the following two cases:
      1. One Line with Provincial Tel. If we receive a request from your new service provider to terminate our service for a number, we will release the number shortly after notification to Provincial Tel by the relevant carrier (s), given that there are no reasons to reject. Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any fees (for disconnection, non-returned equipment, special number porting out, promotions etc.). If a port is unsuccessful for any reason (stranded services, suspended or inactive account, etc.), your service and your agreement with us will not terminate, you will remain a Provincial Tel customer, and you will continue to be responsible for all charges and fees associated with your Provincial Tel service.
      2. More than One Line with Provincial Tel. If we receive a request from your new service provider to terminate our service for a number and you have multiple numbers assigned to your account and/or additional devices such as a Softphone on your account, you are required to inform us of your intent to terminate all the services on your account, prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your Provincial Tel account, and you will continue to be responsible for all the charges and fees associated with the remaining services on your Provincial Tel account. Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any disconnection fees applicable to the ported number.
1j) Toll Saver Service:

Provincial Tel agrees to offer a 7-digit or 10-digit local number to customers who have subscribed to our Toll Saver Service. The Toll Saver Service provides customers the ability to make long distance calls without long distance charges using a local number within the Provincial Tel’s footprint. For a list of telephone exchanges Provincial Tel’s footprint covers, you can go to www.provtel.com/footprint. If a customer inadvertently dials a long distance number that incurs long distance charges while using the Toll Saver Service, they will be responsible for any and all additional charges and fees applied from their current long distance carrier.

1k) Long Distance Exclusivity:

It is understood that Provincial Tel will be the Customer’s exclusive long distance provider for the time that this agreement is in force. Provincial Tel has the authority to direct all of the Customer’s long distance calls through Provincial Tel’s lines.

1l) Regular Usage:

Provincial Tel Customers must note that the service and device provided are solely for regular residential or commercial use. The Customer shall not resell or transfer the service or the device to another party without prior written consent from Provincial Tel. The Customer is also prohibited from using the service or the device for the following:

    1. Data, fax, internet access, a call centre, call back, call sell (telemarketing), auto dialer, bulk faxing or debit card services;
    2. Illegal, fraudulent or improper purposes, criminal offences, intellectual property infringement, harassment (including annoying or offensive calls/transmissions); or
    3. Any purpose intended to cause interference with Prov Tel’s network operations or the Services, including the fair and proportionate use of the Services by others, as determined by Prov Tel, in its sole discretion, from time to time.
    4. Chat lines, multi-party lines, long-distance calls made using call forwarding and three-way calling features, multi-party conference calls, free conference calling services, or party lines; or
    5. Sustained and excessive use of the Service in a manner which is materially inconsistent with average residential usage patterns to make unlimited local calls directed to or within certain high cost of service areas, as determined and designated as such by Prov Tel, in its sole discretion, from time to time.

We reserve the right to immediately terminate or modify a Customer’s service if we determine that his or her use of the service or the device is, or at any time was, inconsistent with normal residential/commercial usage patterns. In addition, the Customer will be required to pay our rates for wholesale service for all periods in which his or her use of the service or the device was inconsistent with normal residential or commercial use.

1m) Proprietary Rights:

The Customer acknowledges and agrees that all content available on this website is protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Provincial Tel Inc., the Customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, the Customer may print or download one copy of the materials or content on this website on any single computer for their personal, noncommercial use, provided the Customer keeps intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Provincial Tel Inc. is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Service is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of Provincial Tel Inc.

2. Service Outage

2a) Power Outage:

The Customer acknowledges and understands that Provincial Tel’s services do not function in the event of a power failure. Should there be an interruption in the power supply; services will not resume until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to resuming Provincial Tel’s services.

2b) Broadband Service Outage:

The Customer acknowledges and understands that service outages by their broadband provider will prevent any calls from being made or received.

2c) Service Outage Due to Suspension of the Customer’s Account:

The Customer acknowledges and understands that service outages due to suspension of their account as a result of billing issues will prevent any calls from being made or received.

2d) Other Service Outages:

The Customer acknowledges and understands that if there is a service outage for any reason, such outage will prevent any calls from being made or received. Such outages may occur for a variety of reasons, including but not limited to, those reasons described elsewhere in this Agreement.

3. Service Limitations

3a) IMPORTANT INFORMATION ABOUT EMERGENCY 9-1-1 SERVICE:

Please review our information regarding Emergency 9-1-1 Service.

3b) THE CUSTOMER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9-1-1 SERVICE DIFFERENCES. BY ACCEPTING THESE TERMS, THE CUSTOMER ACCEPTS PROVINCIAL TEL VoIP SERVICES ON THESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST PROVINCIAL TEL, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO THE PROVINCIAL TEL PC PHONE.

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.

3c) Collect Call and Operators Services:

Provincial Tel does not currently offer collect calls or operator assistance.

3d) Broadband Service Outage:

The Customer acknowledges and understands that service outages by his or her broadband Internet service provider will prevent Provincial Tel services.

3e) Loss of Service Due to Power Failure:

The Customer acknowledges and understands that the service does not work in the event of power failure and will resume when power is restored. A power failure or disruption may require a re-set or reconfiguration of the equipment prior to restoration of the service.

3f) Service Outage Due to Suspension of a Customer’s Account:

The Customer acknowledges and understands that service outages due to suspension of the account as a result of billing issues will prevent all service elements from operating.

3g) Other Service Outages:

The Customer acknowledges and understands that if there is a service outage for any reason, such outage will prevent all service, INCLUDING 9-1-1 SERVICE.

4. Changes to this Agreement

As technologies and services progress, Provincial Tel may change the terms of the Agreement after providing [30] days advance notice to the Customer. Provincial Tel provides notice by:

  1. posting to the “Service Announcements” section of our website;
  2. electronic mail directed to the email address provided upon sign-up for Provincial Tel’s services, or to the current email address if Provincial Tel has received notification that it has changed.
 

The Customer is responsible for notifying us of any changes in his or her email address by contacting billing@provtel.com. Otherwise, we will continue to use the Customer’s previous e-mail address until we have received notice of the address change.

5. Charges / Payments / Default / Taxes / Termination

5a) Invoicing:

Provincial Tel will provide monthly invoices stating the recurring and non-recurring fees for the current month at the beginning of the month. Invoices are paid by either Credit Card (Mastercard, Visa or American Express) or by Pre-authorized Debit. We reserve the right to bill at more frequent intervals if the amount owing at any time exceeds $50. The Customer is responsible for payment to Provincial Tel of charges for all service(s) and equipment supplied to them. Credit Card payments not able to be processed at the time of billing will be charged a $10.00 Administration fee if payment is not received by month end. Pre-Authorized Debit payments will be charged a $25.00 NSF fee if payment is not able to be processed on the agreed upon date. Accounts not brought up to date by month end may have service suspended until payment is received. If the account has been suspended due to non-payment, Provincial Tel reserves the right to apply a $20 reactivation fee before reinstating all services.

No charge disputed by the Customer can be considered past due unless Provincial Tel has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment. The Customer acknowledges that Provincial Tel will not issue cheques for refunds for 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:

    1. A recurring charge is correctly billed within a period of one year from the date it was incurred;
    2. A non-recurring charge is correctly billed within a period of 150 days from the date it was incurred.
 

However, if the Customer does not dispute the charge within 30 days of the date of an itemized statement which shows that charge correctly, Provincial Tel 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.

5b) Billing Disputes:

The Customer must notify Provincial Tel in writing within seven (7) days after receiving their credit card or bank statement if there is dispute of any Provincial Tel charges or such dispute will be deemed waived. Billing disputes should be reported to the following address:

Customer Care Billing Department
Provincial Tel
601-191 Lombard Ave
Winnipeg, MB R3B 0X1
OR customercare@provtel.com

5c) Payment: (Methods of payment accepted subject to change):

Provincial Tel accepts the following payment methods:

    • Pre-authorized credit card withdrawals
    • Pre-authorized chequing account withdrawals
    • Online/Telephone Banking (Pre-paid years or outstanding balances only)
    • Cheques (Pre-paid years or outstanding balances only)


Pre-authorized Payments
The customer’s initial use of services, after having submitted credit card or bank account information with the express request to be used for pre-authorized payments, validates Provincial Tel’s processing of the provided information for the due charges. The customer must notify Provincial Tel of any changes in payment information, and is responsible for charges that accrue during any billing charges.

The authorization will remain valid until 30 days after Provincial Tel receives written notice requesting termination of pre-authorized payments or until the balance is brought up to date. Provincial Tel 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 Provincial Tel is declined and/or in the case of any other non-payment of account charges. In the case of termination of service for declined card or bank account or non-payment, the Customer is fully liable to Provincial Tel for all charges accrued before termination, as well as for charges incurred by Provincial Tel owing to non-payment, such as (but not limited to) collection costs and attorney’s fees.

Pre-Authorized Billing Form
I authorize Provincial Tel Inc. to keep my signature on file and to charge my credit card account, on an ongoing basis for amounts owing. I understand that this authorization is valid for as long as I am a Provincial Tel subscriber unless I provide written notice. I also agree to contact the merchant if there are any changes to my credit card account information.

5d) Consent to Credit Verification:

By Agreeing to Provincial Tel’s Terms of Service I hereby declare that all the information provided by me is true, complete and correct to the best of my knowledge. I understand that this information may be used to determine my credit worthiness and in order to assess my ability to meet my financial obligations. I authorize Provincial Tel. and its agents or assigns to:

    1. Request and obtain personal information on an ongoing basis from credit bureaus from previously collected credit history information;
    2. Exchange personal information on an ongoing basis with credit bureaus in order to protect me, to ensure the completeness of the information and to maintain the integrity of the credit granting system;
    3. Co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to protect myself and Provincial Tel from fraudulent transactions;
    4. Disclose my personal information where necessary to protect Provincial Tel’s and my interests.
    5. I agree that Provincial Tel may conduct a preauthorization on my credit card, in order to determine my credit worthiness, which will imply blocking an amount at least equal to the first invoice. The amount will be released in 48 hours;
    6. I acknowledge that based on the result of the credit verification, Provincial Tel may request a security deposit which stands as a primary condition for providing the service. The deposit is an amount equal to approximately one month of service, and might be returned upon request after 12 months of positive payment history.
 

If the service requires equipment, the customer agrees to choose one of the following options:

    1. to pay a security deposit equal to the purchase price of the equipment, and be charged for the monthly rental price; this deposit will be returned once the equipment is returned to Provincial Tel undamaged; or
    2. to purchase the equipment
 

If the chosen payment method is Pre-Authorized Debit, the Customer is required to send Provincial Tel a copy of a void cheque. The Customer may send a scanned copy by e-mail to info@provtel.com or by fax to (204) 920-8099 to the Attention of Billing Department. This is required:

    1. As a means to verify the account details; and
    2. To meet auditor requirements to maintain a copy of the banking details (void cheque) in our client files.

5e) Termination/Discontinuance of Service:

Provincial Tel reserves the right to discontinue providing services generally, or to terminate the Customer’s service, at any time at its sole discretion. If Provincial Tel discontinues providing services generally, or terminates the Customer’s service at its discretion without a stated reason, the Customer will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of Provincial Tel’s services (such as, but not limited to, attempts to hack, disrupt, or misuse Provincial Tel’s services), the Customer will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a Disconnection fee, all of which become immediately due and payable. Customer acknowledges and agrees to provide Provincial Tel a thirty (30) day notice of Service / Account Cancellation by submitting an Account Termination Request. Customer may also benefit from the service during the 30 days period of cancellation. Upon the Service Agreement Termination, customer will remain responsible for payment of all outstanding balances accrued throughout the effective date of cancellation as well as applicable disconnection fees or purchase fees. Provincial Tel’s equipment may be returned within the 30 days of cancellation, or 14 days after the account has been closed; failing to do so, the Customer will be charged the full purchase price of any and all equipment not returned. Returned equipment must include original packaging, accessory materials and must not have any physical damage. If any of Provincial Tel’s equipment is returned in an unsatisfactory condition, damaged or broken, Provincial Tel will charge the Customer the full purchase price of this equipment. If the Customer cancels the Service prior to ninety (90) days from the Activation Date, Provincial Tel may charge the customer an administrative fee of $100.

5f) Taxes:

Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Provincial Tel as a result of providing Provincial Tel’s services or a device will be billed to the Customer’s account. If a Customer is exempt from payment of such taxes, then that Customer will provide Provincial Tel with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Provincial Tel receives the Tax Exempt Document.

5g) Disconnection Fee:

The Customer will be charged a disconnection fee of $39.95 per line upon any termination of Service, with the following exceptions:

    1. When termination results from Provincial Tel discontinuing services generally
    2. When Provincial Tel terminates service at its discretion without a stated reason
    3. When the customer returns Provincial Tel devices within 30 days of the line activation.
 

The disconnection fee will also be applied also in the case when the customer is not cancelling the entire account, but changing the offer to one with no disconnection fee, or cancelling one / several lines, while keeping other lines active.

6. Limitations

6a) Limitation of Liability:

Provincial Tel shall not be liable for any failure to provide its services or any degradation of voice quality caused by any of the following:

    1. Act or omission of an underlying carrier;
    2. Equipment, network or facility failure;
    3. Equipment, network or facility upgrade or modification;
    4. Force majeure events such as (but not limited to) acts of god: strikes, fire, war, riot, government actions;
    5. Equipment, network or facility shortage;
    6. Equipment or facility relocation
    7. Any other cause that is beyond Provincial Tel ‘s control, including without limitation the failure of an incoming or outgoing call to be connected or completed, including a 9-1-1 emergency call. This includes degradation of voice quality. Provincial Tel’s liability for any failure or mistake shall in no event exceed service charges on account of the affected time period.

 

Provincial Tel is not liable for incidental or consequential damages of any type.

UNDER NO CIRCUMSTANCES SHALL PROVINCIAL TEL, 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, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PROVINCIAL TEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROVINCIAL TEL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

6b) Indemnification:

The Customer agrees to defend, indemnify, and hold Provincial Tel, its affiliates and agents and any other service provider who furnish services to the Customer in connection with this Agreement or Provincial Tel’s services, free from claims for damages by, or in the right of, the customer relating to this Agreement, Provincial Tel’s services or the device. This paragraph shall survive termination of this agreement.

6c) No Warranties on Service:

PROVINCIAL TEL, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

6d) No Warranties or Limited Warranties for Devices:

If the Customer has purchased a new device from Provincial Tel that includes a limited warranty at the time of purchase, the Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If the device did not include a limited warranty from Provincial Tel at the time of purchase, the Customer agrees to accept the unit in question on an “as is” basis and is not entitled to replacement or refund in the event of any defect.

7. Confidential Information

Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by one Provincial Tel representative to the Customer. Except as otherwise specified herein, the Customer and Provincial Tel each expressly undertake to retain in confidence all information transmitted to them by the other party pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement. The Customer and Provincial Tel shall treat the terms and conditions of this Agreement as confidential; however, either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party’s business. The receiving party’s obligation hereunder shall extend for two (2) years following the disclosure of the Confidential Information.

8. Privacy and Notices

8a) Privacy:

IP telephony utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Provincial Tel is not liable for any lack of privacy which may be experienced by any Provincial Tel Customer with regard to its services. Please refer to Provincial Tel’s Privacy Policy for additional information.

8b) Notices:

Notices to Customers shall be sent to the email address on file for the Customer at Provincial Tel’s offices and will be considered given on the date sent out by Provincial Tel to the party concerned. Please refer to Section 4 of this Agreement regarding a change of e-mail address.

8c) Provincial Tel Inc. Privacy Policy

Please review our privacy policy.

9. Resolution of Disputes

(We need to discuss this area) Mandatory Arbitration: Any dispute or claim between a Customer and Provincial Tel arising out of, or relating to, Provincial Tel’s services or devices provided by Provincial Tel in connection with this Agreement shall be resolved by arbitration before a single arbitrator. 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:

  1. award relief in excess of what this Agreement provides; or
  2. award punitive or exemplary damages.

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.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba and the applicable laws of Canada, without regard to its conflict of law provisions. The Customer and Provincial Tel agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Manitoba. The failure of Provincial Tel to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Provincial Tel’s services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Entire Agreement

This Agreement and the rates for services found on Provincial Tel’s website constitute the entire agreement between the Customer and Provincial Tel and govern the Customer’s use of Provincial Tel’s services. This Agreement supersedes any prior agreements between the Customer and Provincial Tel and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter between the Customer and Provincial Tel as regularly updated. No amendment to this Agreement shall be binding upon Provincial Tel unless and until posted in accordance with Section 3 hereof.

12. Severability

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

Last reviewed/updated: September, 2013