The following terms and conditions apply to Comwave Networks Inc. (“Comwave”) provision of communication services (the “Services”) and sets out the basic rights, obligations and limitations of Comwave to its Customers (the “Customer”). All of the terms and conditions contained herein (hereinafter referred to as “Terms”) bind both Comwave and the Customer and are subject to change from time to time at the sole discretion of Comwave, without any prior notice to the Customer. Refer to www.comwave.net/legals-business for the most current terms.
This is our agreement with you, the Customer. You agree not to use our Service for an illegal purpose, violating any law, making annoying or offensive calls, or interfering with other Customers’ Service. You further agree not to resell, transfer, or share your service.
1.01 Type of Services
The Terms contained herein apply to all the Services which the Customer may subscribe from Comwave including, VoIP, Data, Connectivity, Features, Software, Hardware, Long Distance, and any and all related telecommunications products as Comwave may provide from time-to-time. The Customer may use the Services provided herein provided that the Customer does so in compliance with all applicable laws and the terms herein. The Customer acknowledges that in Telecom Decisions CRTC 2004-35, 2004-63, 2007-48 and 2008-6, the CRTC has imposed restrictions on the use of telecommunications facilities for unsolicited telecommunications, including the establishment of a national “Do Not Call List”. The Customer recognizes that they are solely responsible for ensuring compliance with these and future restrictions imposed by the CRTC. The Customer acknowledges that he/she is the person authorized to subscribe for the Services and bind the corporation or entity listed herein. The Services may only be used by the Customer and all persons having the Customer’s permission to use the Services. The Customer may only use the Services for their intended person as defined by Comwave.
1.02 Charges, Billing and Payment
The Customer is responsible for paying all charges, plus all applicable taxes, federal regulatory fees and 9-1-1 fees thereon, for the Services subscribed from Comwave. All charges inclusive of all calls: (i) made via the Customers telephones or telecommunications systems; (ii) made using any number or authorization access code assigned to the Customer; and (iii) which are charged to the Customer’s account. The Customer is responsible for the security of the Customer’s authorization codes, and access to the Customer’s telephones and telecommunications systems. NSF and all refused payments shall incur a $50 administrative fee per occurrence. Credit card charge-backs will incur a $50 administration fee. Comwave reserves the right to charge a 25% administrative fee for all accounts remitted to collections. Calls to mobile phones in some overseas destinations are billed at higher rates. Rates are listed on our website. Your rates may be different based on your package. Customer shall be responsible for all charges associated with the Services and Comwave shall assume no responsibility or liability whatsoever for misuse, fraud, theft or otherwise.
The Customer must pay for all charges associated to the Services by the designated payment option (Visa, MasterCard, or Cheque). When pre-authorized payment is selected by the Customer, the Customer authorizes Comwave to make such charges against such credit card or bank account to satisfy all charges for the Services. Pre-authorized payments will be deducted on or after seven (7) calendar days from the Customers invoice date. Prorated charges may apply. Call increments may vary depending on destination and length of call. The Customer must bring payment inquiries and disputes to Comwave’s attention within 10 days after the charge for the Services have been paid or the Customer will be deemed to have accepted such charges as accurate in all respects. All invoices are due upon receipt All invoiced amounts not paid in full within fifteen (15) days after the date of invoice will be considered past due and subject to a late payment charge at the lesser rate of 1.5% per month or the maximum rate allowable by applicable law.
Comwave will apply an administration fee to Customer requested feature and/or service moves, adds or changes during the term of the contract. The fee will be identified to the Customer prior to the work being initiated and charges will appear on a subsequent invoice.
1.03 Charges will commence as of the Activation Date of the Service(s)
The Service(s) activation date is the date on which Comwave installs and hands over the service(s) to the Customer. For new service(s), additions or changes to existing service(s) where Comwave ships equipment to the Customer premises for the Customer to deploy, service activation will be deemed to commence on the day the Customer receives the equipment.
1.04 Credit and Security Deposits
Comwave reserves the right to examine the Customer’s credit record before activating the Services and anytime during the term. A security deposit may be required by Comwave to activate Services or to sustain them if Services have already been activated. Customer authorizes Comwave to investigate the Customer’s credit worthiness, exchange credit information with credit reporting agencies on an ongoing basis and agrees from time to time, to provide appropriate authorizations and financial information as Comwave may reasonably request for this purpose. All deposits or other prepayments made by the Customer in connection with the Services will earn no interest.
1.05 Early Cancellation Fees
The term of this Agreement is identified herein or on your invoice. Each line or service is each individually on a contract term equal the term of the original line service or circuit from the date of activation by Comwave. For the abundance of clarity, if a Customer initially signs a three-year contract and subsequently calls Comwave to add another internet connection or phone line, the new services will automatically be on a three-year term from the date of the new service activation date. Early cancellation fees (ECF) apply from the date of Service activation or if the contract has been renewed, from the renewal date. ECF shall be equal to the greater of; one hundred percent (100%) of the unused portion of this Agreement or an amount equal to the aggregated total of; any waived or discounted charges, credits or other form of financial incentives provided to the Customer in consideration for this agreement plus the total of any contractual obligation made by Comwave to support the services in this agreement. ECF will not exceed one hundred percent (100%) of the unused portion of this Agreement.
1.06 Comwave’s Right to Refuse to Provide Services
(a) the Customer owes amounts to Comwave that are past due;
(b) the Customer does not provide a security deposit or satisfy alternate security measures when requested by Comwave;
(c) the Customer uses the Services which in the opinion of Comwave is unreasonable or injurious to the goodwill of Comwave, or has the potential to negatively impact other Comwave Customers or the Comwave network.
1.07 Services Interruption
(a) Comwave may interrupt the Services to the Customer at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons. Comwave may also suspend your services for the following:
(i) Comwave reasonably believes that the contact will not be honoured by the Customer
(ii) Customer threatens to cancel the contract
(iii) Customer fails to immediately pay the unpaid balance by credit card following termination of the Agreement.
(b) You may find the need to contact our Customer Service department. Please consult our website for up to date contact information. You agree to accept all costs associated with contacting our representatives. We do not accept collect calls. The Customer acknowledges that Voice over IP requires high-speed data connectivity. Poor or lack of connectivity, power failure, VoIP blocking, computer viruses and the like (Connectivity Issues) will cause service interruption and or failure of the service to function. It is the responsibility of the Customer to remedy these connectivity issues.
(c) Comwave is not liable for:
(i) any disruption or unavailability of the Services;
(ii) 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 Services);
(iii) the Customer’s conduct, acts or omissions, or the operation or failure of the Customer’s equipment or facilities;
(iv) any event beyond the reasonable control of Comwave including acts of God, inclement weather including lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
(v) its failure, for any reason, to activate the Services on the activation date Customer requested; or
(vi) any charges by third parties including other telephone companies or wireless carriers for services they may have rendered in lieu of Comwave Service.
(d)Comwave’s liability to the Customer in connection with this Agreement, if any, shall not exceed the total monthly charges for the Service(s) connected to the incident(s) and the location(s) that gave rise to the liability. Comwave’s liability to the Customer, if any, shall be limited to direct damages and in no event shall Comwave be liable for lost profits, loss of data, economic loss, downtime costs, costs of substitute goods or services, lost goodwill, loss from work stoppage, costs of overhead, loss of anticipated benefits hereunder, or any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (even if Comwave has been advised of the possibility of such damages), arising out of or in any way connected with this Agreement.
The Customer agrees to indemnify and hold harmless Comwave against all claims, including fees and expenses of counsel, resulting from the Customer’s use (or the use by others with the Customer’s explicit or implicit consent) of the Services, the Customer’s codes, facilities or equipment, which cause direct or indirect damage or harm to another party or to the property of another.
1.08 Suspension or Termination of Services by Comwave
(a) Without incurring any liability whatsoever, Comwave may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where the Customer:
(i) fails to pay an account that is past due, or Customer provides payment by cheque or credit card which is not honoured by Customer’s bank;
(ii) fails to provide interim payments when requested by Comwave;
(iii) fails to provide or maintain a reasonable deposit or alternate security when requested to do so by Comwave;
(iv) fails to meet Comwave’s credit requirements, or becomes bankrupt or otherwise insolvent;
(v) fails to comply with the terms of a deferred payment or credit agreement with Comwave;
(vi) violates any provision of these Terms;
(vii) uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls;
(viii) charges or allows others to charge any other person for the use of the Services without Comwave’s prior written agreement;
(ix) harasses, threatens or otherwise acts unreasonably towards Comwave, its employees or agents, in relation to the Services;
(x) alters or otherwise interferes with Comwave’s 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 Comwave’s equipment, facilities or network; or
(xi) fails to provide payment for other accounts with Comwave, including amounts owed by the Customer as a guarantor for the account of another;
(xii) uses or permits others to use the Services for resell;
(xiii) Abuses the network with excessive usage as may be determined by Comwave. Excessive usage shall be determined solely by Comwave.
(b) A suspension or termination will effectively shut down the Service and will not affect the Customer’s obligation to pay any amounts owed to Comwave either during or after the suspension or termination. If termination occurs during a contract period, the Customer will be charged for all usage plus the contract obligations. Should reactivation of services be required, Comwave will levy a reconnection fee.
(c) Where the Services are cancelled, either by the Customer or by Comwave as provided herein, and there is an undisputed credit balance on the Customer’s account, the Customer may require that it be refunded to the Customer and Comwave reserves the right to charge a reasonable processing fee in connection with issuing refunds.
1.09 Customer’s Right to Terminate Services and Early Cancellation
(a) Customers may cancel their contract at any time by notifying Comwave in writing. Cancellation may take effect on the day that Comwave receives notice of the cancellation if so requested by the Customer. ECF shall be calculated according to 1.05 Early Cancellation Fees above, if applicable.
(b) All Comwave Contracts renew automatically upon their expiration for successive equal terms unless specifically advised otherwise by the Customer. In order to prevent the contract from renewing automatically; the Customer must formally request cancellation in writing prior to the expiration date. Third-party termination requests will not be accepted.
(c) The Customer must notify Comwave in writing and allow Comwave reasonable time to diagnose and correct any problems that have been reported. If the problem cannot be corrected within thirty-days of the initial report by the Customer, the Customer may elect to terminate his contract without penalty or liability providing Comwave with written notice of his intent to cancel. Where Comwave has determined that the problem is not the fault of Comwave but rather with the Customer, his equipment, Internet, phone lines, connectivity and the like, then ECF shall apply.
(d) Porting the primary business phone number away from Cowmave to another provider shall be deemed as a termination of the Agreement by the Customer and termination fees will apply.
1.10 Telephone Number Portability
You agree throughout the term of your Comwave Services, and provide Comwave with express consent herein to transfer your phone number to;
(a) Comwave’s preferred carrier partners and vendors as may be required from time-to-time without further consent by you,
(b) transfer your phone number to Comwave upon request by you,
(c) transfer your phone number from Comwave to an alternate carrier of your choosing upon request by you.
1.11 International Boundaries & Rate Variations
Calls to some countries may have higher rates due to international boundary and sovereignty disputes. Examples are territories such as Kashmir India, West Bank Israel, & Gaza Israel to name a few. Rates will vary.
1.12 Limitations of Service
Comwave VoIP services do not support access to an operator (0), 900/976, 311, 611, or collect calls and does not include copies of the white or yellow pages.
1.13 Managed Voice Services
Where Comwave provides the Customer with a Managed Voice Service, it does so based on information provided by the Customer to ensure the capacity for and the quality of the voice service. Comwave Managed Voice includes the switch, router and Comwave supplied voice access at a specific Customer premises for the purpose of providing a predictable and manageable hosted PBX environment. Desktop phones supplied by Comwave will be included in the Managed Service as long as they are used from the same service location and on the same LAN as a Comwave Managed Voice Access. Managed PBX Service includes a Comwave provided voice access. After the contract expires, should the Customer reduce their commitment with Comwave, Comwave reserves the right to either move the service to unmanaged and have the Customer provide their own access for the service or to charge a monthly recurring fee to offset the cost of the voice access facility. Hosted PBX services not explicitly managed are provided as a best-effort service.
1.14 Managed Voice Services Moves
Customers who are planning a move from their current service location will provide Comwave with notice in writing via Comwave’s online ticketing portal at least 30 days prior to the planned move date. Comwave will verify connectivity options at the new location and provide a cost and time estimate for coordinating and conducting the move. Cancellation charges may apply depending on whether services can and are transferred to the new location.
1.15 Access Service Availability
The Customer acknowledges that the phone number or address check(s) for preliminary service availability, only determine if service is available in a geographic area. Due to the nature of the service technology, Comwave reserves the right to deem Internet Service unavailable to the Customer up to, including and after the installation. Comwave assumes no responsibility for any claims, damages or losses relating to the unavailability of DSL service in the Customer’s geographical area, even when such determination occurs after the installation of the service.
1.16 Access Service Descriptions
The following is a general description of the features of the Comwave Business Internet service, including;
(a) a high speed connection, speed dependent on the service chosen. Speed is always expressed as the potential maximum in one direction and is not a guarantee that the speed will be available
(b) an included dynamic IP address and any static IP address(es) purchased by the Customer
(c) a modem/router which will always remain the property of Comwave, even when a rental fee is charged for the use of the modem/router
2.01 Customer Confidentiality and Privacy
Comwave retains all rights to the information we collect about you. Your information is confidential and used to improve the Services we offer you. Your information is not shared with third parties.
2.02 Price Changes
Comwave reserves the right to change prices for any and all Services upon the provision of thirty (30) days’ notice. The Customer may terminate this agreement without penalty within thirty (30) days of receiving such notice except to the extent that you agree to the change. If you advise Comwave in writing of your intention to terminate based on the aforesaid notice, Comwave may rescind the said notice in which case your notice of intention to terminate will be deemed rescinded and the Agreement will continue on its original terms.
2.03 Service: Reasonable Use
Comwave voice services are for typical business use. Comwave reserves the right to charge an explicit rate for Long Distance calls to Canadian Independents (including 867) if it exceeds 3% of total monthly Canadian minutes, to USA Independents (including 808 and 907) if it exceeds 30% of total monthly USA minutes, whether the minutes are part of a package or not. Unlimited plans are subject to a reasonable use aggregated limit (excluding incoming, Comwave VoIP to Comwave VoIP and internal calls) of 5000 minutes per month. Comwave reserves the right to substitute an alternate call plan should your use contravene this policy. The use of outbound auto dialers or predictive dialing software is NOT permitted unless specifically approved by Comwave in writing.
2.04 Service Obligations
Comwave’s obligations under this Agreement do not extend to any relocation, maintenance, repair, rearrangement, alteration or adjustment which becomes necessary due to, resulting from or in any way related to, damage, misuse or failure on the part of the Customer. The Customer acknowledges that Comwave may charge the Customer for any work that is performed to correct issues beyond Comwave’s reasonable care and outside of Comwave’s control.
2.05 Internet Traffic Management Practices (ITMP) and Internet Acceptable Use Policy (AUP)
Where the Customer subscribes to Comwave for Internet services Comwave strives to provide the best experience for the Customer. When the network experiences congestion Comwave may prioritize traffic to ensure voice quality. Customer Internet use is also governed by the Comwave AUP. For complete details on our policies see www.comwave.net/legals-business.
Some Comwave Services require equipment to be shipped from Comwave to the Customer for use with the service. The following terms apply to Equipment use and returns:
(a) All equipment provided by Comwave for the purpose of providing the Services under this Agreement shall at all times remain the property of Comwave and must be returned in resalable condition to Comwave upon termination of this Agreement or demand by Comwave.
(b) Unless specifically approved by Comwave in writing, all installation of the equipment shall be done by Comwave or its contractors and Customer must provide reasonable access during business hours to install and service as may be required from time-to-time.
(c) The Customer shall be responsible to Comwave for loss or damage to all equipment in their care and control except where directly caused by negligence of Comwave or its’ agents. Therefore Comwave strongly recommends the Customer use surge protection equipment to protect against damage from power surges. Comwave may provide a power bar as part of the initial installation. Such device does not constitute equipment as defined here. Should it need to be replaced it will be the Customers responsibility.
(d) All in-building cabling must be provided by the Customer to Comwave specifications.
(e) All equipment that must be returned to Comwave for any reason must be at the Customers’ expense. Comwave will not accept collect packages or pay to have packages picked up. All returned equipment must be returned in resalable condition. For Equipment returned in less than resalable condition, Customer will be charged for refurbishing or replacement as determined by Comwave.
(f) Replacement: If the equipment is deemed defective by Comwave, and new equipment is shipped to the Customer, the Customer is responsible at his own expense for the safe return of the defective unit to Comwave in good physical condition at the address indicated by Comwave representatives. All returned equipment must be accompanied with a note inside the packaging with the RA number (Return Authorization). Equipment without an RA will not be processed by Comwave.
(g) Cancellation: Upon cancellation of Comwave Services, the Customer is responsible at his own expense for the safe return of the equipment to Comwave in re-sellable condition at the address indicated by Comwave representatives. All returned equipment must be accompanied with a note inside the packaging with the RA number (Return Authorization). Equipment without an RA will not be processed by Comwave.
(h) Fees: During a Trial period where equipment is required by the Customer and Comwave has provided such equipment to be used with the service at no cost (Trial Equipment); Customer must obtain an RA number prior to the expiration of the Trial Period. After the Trial Period the Customer is deemed to have accepted the Trial Equipment, and contract obligations; equipment returns will not be accepted by Comwave.
2.07 Equipment Warranty
Equipment purchased from Comwave carries a twelve (12) month manufacturer’s warranty from the date of Service activation. Extended warranties may be available for purchase from Comwave for an additional cost.
2.08 Telephone numbers
If you were assigned a telephone number from Comwave, this number may at Comwave’s sole and absolute discretion and subject to applicable law be assigned to another Customer. Transferring phone numbers to Comwave (LNP) is possible only in Comwave serving territory. If you decide to transfer your existing phone number to Comwave from another telephone provider it is possible that your service will be interrupted in certain circumstances while the transfer is in process. Comwave will absorb the cost of the LNP when you switch to Comwave. You will incur an administration fee of $50 per number to transfer to an alternate phone company.
2.09 No Directory Listing
Comwave does not automatically provide directory listings. Directory listings may be available in select serving area and by request only.
3.0 Service Incompatibility
3.01 Security Systems
Voice Over IP (VoIP) may not be compatible with all security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to monitor your premises. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with any Comwave Service.
3.02 Fax Machines
VoIP can work with most fax machines, however due to various machine configurations, Internet connectivity, bandwidth fluctuations; faxing using your fax machine and Comwave VoIP Services may operate inconsistently and Comwave assumes no liability whatsoever and provides no guarantee that faxing will work.
3.03 Point of Sale Machines and Postage Machines
Comwave does not recommend, nor assumes any liability whatsoever for, point of sale machines or postage machines designed for analog telephone lines. Due to various machine configurations and Internet connectivity variations Comwave VoIP Services may operate inconsistently and Comwave does not recommend nor assumes any liability whatsoever and provides no guarantee that point of sale machines will work.
3.04 Paging Systems
VoIP can work with some analog paging systems with the use of an ATA, however, due to various machine configurations additional equipment may be required to successfully integrate these Services. Comwave does not warrant interoperability nor does Comwave integrate such third party solutions. The Customer will need to retain their own resources to integrate paging systems. Comwave VoIP Services may operate inconsistently and Comwave assumes no liability whatsoever and provides no guarantee that connecting an ATA to an analog paging system will work.
4.01 General Terms
(a) Enurement/Assignment: These Terms are binding upon and shall enure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns; provided, however, that the Customer shall not assign or transfer its rights or obligations under these Terms without the prior written consent of Comwave.
(b) Notices: Notices shall be in writing and delivered by personal delivery or certified or registered mail to the last address provided by the Customer.
(c) Unenforceable Provisions: If any part of these Terms shall be invalid or not enforceable under applicable law, such part shall be ineffective to the extent of such invalidity or unenforceable part only, without in any way affecting the remaining parts of these Terms.
(d) Governing Law: These Terms and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the province of Ontario, and the federal laws of Canada applicable in such province.
(e) Entire Agreement: These Terms set forth the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all previous discussions, negotiations and agreements.
(f) French: The Customer confirms that it wishes to have these Terms written in English only. Les parties aux présents confirment leur volonté que la Convention relative aux services de voix soit rédigée en langue anglaise seulement.
4.02 Customer Responsibilities
Where Comwave provides equipment as part of the service, the Customer understands that they are responsible for the reasonable care and safe keeping of all Comwave equipment and also agrees that:
(a) Customer is responsible for providing a location that provides adequate space for the access router and Ethernet switches – a rack or shelves for equipment up to 46cm X 6.25cm X 60com in a location with adequate ventilation and or cooling to avoid over-heating.
(b) Customer will provide a standard 15 Amp receptacle to power the access router, Ethernet switches, modems (a UPS is strongly recommended).
(c) Customer is responsible for physical security to restrict access to the equipment and prevent outages caused by tampering or theft.
(d) The Customer is required to provide direct Category 5 and/or Category 6 cabling from the Ethernet switch location to each location requiring an IP phone, not to exceed 300 feet.
(e) Customer agrees not to re-arrange, disconnect, remove, re-configure any Equipment, including passwords except by prior written agreement with Comwave.
(f) Customer agrees to provide Comwave and its agents access to its premises, including power and support, at Comwave’s reasonable request to make installations, service, inspection, tests, and adjustments as are necessary for the provision of the Services and in order for Comwave to repossess or remove any and all equipment or facilities it has provided for the provision of the services.
5.0 Emergency Services
5.01 VoIP and 911 Service
(a) With both traditional 9-1-1 and E9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E9-1-1 service, your call back number and address are visible to the emergency response centre operator. With Comwave’s 9-1-1 service, your call is sent to a national emergency call centre. The call centre operator will confirm your location information and then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to confirm your address and call-back number since the operator may not have this information. Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again.
(b) Your 9-1-1 Dialing service is enabled when you activate your Comwave VoIP service. You should ensure your location information is kept current at all times. This information can be updated through the Comwave website under the 9-1-1 section within the “Business Care” portals. In case you are not able to speak during the 9-1-1 call, the operator will dispatch emergency response vehicles to your last registered address. Remember that you must update your 9-1-1 information if you move your device to a different location, travel in Canada with your Home Phone service, and if you add a new line to your account.
(c) Remember that your 9-1-1 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or Comwave service is suspended or terminated. We suggest purchasing a UPS (uninterrupted power supply) from a local retailer to ensure that your VoIP Equipment stays powered during short power failures.
(d) You should inform all telephone users who may be present at the physical location where you utilize your VoIP Equipment, of the important differences and limitations of VoIP 9-1-1 Dialing service as compared with E9-1-1 service as set out above. Comwave provides stickers warning of the 911 limitations. It is your responsibility to place these stickers on the equipment you use to access the Hosted PBX and VoIP services. If you have not received a sticker or require additional 911 stickers, please call Comwave at 1.866.500.4107.
(e) When traveling with 9-1-1 unlike traditional phone lines, you can use your Comwave VoIP services anywhere. Comwave VoIP services are portable to any location with broadband Internet access. Since the national emergency call centre uses the address you provide to determine the nearest emergency response centre, you must update your new location when you move, or travel with your Comwave VoIP services in Canada or the USA. Simply log into “Business Care” at https://BusinessCare.comwave.net , and click on the 9-1-1 Address option to update your address.
(f) Customers traveling outside of the USA and Canada will not have 9-1-1 Dialing services.
(g) You Acknowledge and agree that neither Comwave nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 9-1-1 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Comwave, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 9-1-1 Dialing, incorrectly routed 9-1-1 Dialing calls, and/or the inability of any user of the Service to be able to use 9-1-1 Dialing or access emergency service personnel.
Internet Service Policies
1.01 Service Availability
The Customer may only subscribe for Internet Service if available in your geographic area. Comwave reserves the right to deem Internet unavailable to you at any time. If such an event occurs Comwave will not charge you applicable fees, provided that you return all Internet equipment provided by Comwave in its original and proper physical and functional condition within the time specified in this Agreement.
1.02 Service Speed
Internet Service is provided on a Best Efforts basis. Comwave does not guarantee the speed of any Internet Service. The speed of Internet Services is dependent on various factors, some of which are not under our control, including the distance of the Customer from our network equipment or the usage by other Customers in that geographic area. As such we do not guarantee the maximum service performance (e.g. throughput or speed). Internet speed may also be affected by traffic management practices that are applied to the service. To learn more about traffic management practices see our Internet Traffic Management Policies (ITMP).
1.03 Fair Usage Policy
The Customer acknowledges and agrees that the expression “unlimited usage” used in advertising for Internet Service refers to the time allowed for using the Internet Service based on intermittent use. Abuses of the network with excessive usage as solely determined by Comwave, and after notice from Comwave, may result in either the Customer being transferred to one of Comwave’s metred usage plans or the suspension or termination of service, in which case the Customer remains obligated to pay amounts owed for any remainder of a contract period.
The Customer acknowledges and understands that when using Internet Service there are certain inherent risks (e.g. others may gain access to your system or your Services and Accounts). Comwave shall not be liable for any claims or damages related to Internet access, even though the service may be provided, installed, maintained or supported by Comwave.
1.05 Change in Telephone or Cable Service
If a change in your local service is requested from your local phone or cable company, it is your responsibility to advise us of the changes, as this could affect the Services you obtain from us (unless you subscribe to services on a dry loop). This notification includes moves, regardless of whether your phone number changes. Any applicable cancellation and/or re-installation charges relating to your services will be charged to your account.
2.0 Acceptable Use Policies
The Customer is solely responsible for use of the Services by any of its employees, officers, directors, agents and any other end user of the Services (collectively, the “End Users”). The Customer agrees to comply, and to ensure that, the End Users comply with the following policies and procedures associated with the use of the Services (the Customer and/or End Users are sometimes hereinafter referred to as “you”).
While using the Service, the Customer may not:
(a) post, transmit or otherwise distribute information or encourage conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;
(b) post or transmit messages constituting “spam”, which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers;
(c) post or transmit any information or software which contains a virus, “cancelbot”, “trojan horse”, “worm” or other harmful or disruptive component;
(d) upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (i) is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing;
(e) use the Service for an unattended automated operation;
(f) engage in account sharing, including, without limitation, permitting third parties to use your Service account and password; or
(g) use the Service for simultaneous sessions using the same User ID and Password.
2.02 Customer Equipment
It is the Customers responsibility to ensure that their computer system or edge device meets the minimum requirements stated by Comwave as being necessary to use the Service. From time to time, the equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access and use the Service.
2.03 You Can Best Control the Risk and Therefore Are Responsible
Comwave will not assume any responsibility for your acts or omission or of any individual who uses your account. Subscribers to Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. As between Comwave and the Customer, the Customer is better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your account. Account and password protection will be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the Service.
Comwave has no obligation to monitor the Service. However, in order to protect itself and its subscribers, Comwave will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Customer or that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect itself or others. Comwave will not intentionally monitor or disclose any private e-mail message unless required by law. Comwave reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of these policies.
You acknowledge that some content, products or services available with or through the Service (“Content”) may be offensive or may not comply with applicable laws. The Customer understands that neither Comwave nor any of its affiliates attempt to censor or monitor any Content. The Customer also acknowledge that neither Comwave nor any of its affiliates have any obligation to monitor your use of the Service and, except as provided herein, have no control over such use. Customer understands, however, that such Content may be subject to “caching” at intermediate locations on the Internet when being accessed through the Service. You assume total responsibility and risk for access to or use of Content and for your use of the Service and the Internet. Comwave and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to your access to or use of Content.
Comwave cannot guarantee privacy. Your messages may be the subject of unauthorized third party interception and review. Comwave therefore recommends that the Service not be used for the transmission of confidential information. Any such use shall be at your sole risk and Comwave, its affiliates and its agents, shall be relieved from all liability in connection therewith.
Sending unsolicited, e-mail messages, including, without limitation, commercial advertising and informational announcements is prohibited. Customers will not use another site’s mail server to relay mail.
Users shall not post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists. Users will not post any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owned-published FAQ or description of the group or list.
2.09 System and Network Security
Users are prohibited from violating any system or network security measures including, but not limited to, engaging in unauthorized access or use of Comwave’s or a third party’s network, data or information. Users are unauthorized to monitor Comwave’s or third party’s data, systems or network traffic. Users are prohibited to interfere with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Users are prohibited to forge any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.
2.10 VIOLATION OF ACCEPTABLE USE POLICY
Comwave considers the above practices to constitute abuse of its service. Therefore, Comwave’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to Comwave’s Services in accordance with the Customer’s agreement with Comwave. Nothing contained in this policy shall be construed to limit Comwave’s actions or remedies in any way with respect to any of the foregoing activities. Comwave reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the Comwave Service, and levying cancellation charges to cover Comwave’s costs. In addition, Comwave reserves at all times, all rights and remedies available to it with respect to such activities at law or in equity.
Complaints regarding email, Usenet abuse, SPAM, Illegal Use and System or Network Security issues should be sent to email@example.com.
2.11 Interruption of Service
Comwave may, further to a request from the police and/or a notice sent to the Customer, immediately interrupt the Customer’s Internet access should it be of the opinion that the Customer has breached its undertakings set out above by engaging in any of the following activities:
(a) transmitting or helping to transmit unsolicited emails (SPAM);
(b) transmitting or helping to transmit pyramid emails;
(c) uploading or downloading, recovering or storing any information, data or material that could be considered defamatory or obscene, contains hate literature or child pornography, violates or infringes any right, title to, or interest in, intellectual property belonging to a third party; or
(d) transmitting or helping to transmit any file or document containing a “worm”, “Trojan horse”, or any other type of computer virus or other similar element that is destructive in nature or likely to harm or adversely affect a third party.
Comwave High Speed Internet Services are delivered over a network which is shared among Comwave Customers. Congestion can occur in any network when many people are using the network at the same time or are engaging in activities that use a large amount of bandwidth. Comwave Internet Traffic Management is designed to ensure that if congestion reaches a certain level the majority of Customers continue to have a good Internet experience.
Comwave Internet Traffic Management assigns the highest priority to time-sensitive and priority Internet traffic such as VoIP and gaming, a high priority to applications such as web browsing, e-mail, instant messaging and streaming, and normal priority to other activities.
Comwave Internet Traffic Management continuously monitors our network. When Internet traffic is light, all applications run at full speed. When congestion is detected, Comwave Internet Traffic Management assigns higher priority levels to time-sensitive and priority Internet traffic like VoIP, video streaming and gaming to ensure that they are not swamped by the traffic of very resource-intensive (but not very time-sensitive) applications like file downloads and peer-to-peer traffic.
During peak periods, when congestion occurs, downstream peer-to-peer traffic and similar non real-time applications are regulated to allow for real-time applications such as video streaming, chat, gaming and VOIP the best possible user experience. Traffic that is not prioritized, such as the traffic of resource-intensive applications, is slowed as a result of time-sensitive and priority traffic being prioritized. It is not possible to define the exact impact that Comwave Internet Traffic Management will have on the speed of traffic that is not prioritized, such as the traffic of resource-intensive applications, when congestion occurs.
Under normal circumstances, everything runs at maximum speed. If the network becomes congested, Comwave Internet Traffic Management makes sure that the traffic of time-sensitive and priority activities receives priority over the traffic of non time-sensitive activities in order to maintain a quality Internet experience for all users. Network priority is assigned to the type of Internet traffic and Comwave Internet Traffic Management does not discriminate against any vendor, service provider or website.
At Comwave, we are committed to your privacy. This means we do not distribute, rent or sell any of your personal information to third parties except as provided for in this policy or as specifically consented to by you. For example, Comwave may provide your personal information to third-party carriers for the provision of services, for billing and/or collection purposes, etc. All such provision of personal information to third-party providers shall only be done in accordance with the Personal Information Protection and Electronic Documents Act.
- Identifying Purposes
- Limiting Collection
- Limiting Use, Disclosure and Retention
- Individual Access
- Challenging Compliance
Principle #1 – Accountability
Comwave is responsible for personal information under its control and has designated its Privacy Officer as accountable for the company’s compliance with the following principles.
- Comwave shall make known, upon request, the title of the person or persons designated to oversee Comwave’s compliance with this policy.
- Comwave is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. Comwave shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
- Comwave shall implement policies and practices to give effect to these principles, including:
- Implementing procedures to protect personal information;
- Establishing procedures to receive and respond to complaints and inquiries;
- Training staff and communicating to staff information about the organization’s policies and practices; and
- Developing information to explain the organization’s policies and procedures.
Principle #2 – Identifying Purposes
Where appropriate, Comwave will identify the purposes for which personal information is collected at or before the time the information is collected.
Comwave collects personal information only for the following purposes:
- To provide service(s) and/or products to its Customers;
- To establish and maintain responsible commercial relations with Customers and to communicate with its Customers (which will include, but not be limited to: billing, collection, advertising, promotion and account verification);
- To understand Customer needs and preferences;
- To afford promotional or other opportunities to our Customers (e.g. contests);
- To meet legal and regulatory requirements; and
To administer and manage its business operations, including personnel and employment matters. Except where the collection of personal information is reasonably necessary in order to carry out the express wishes of the Customer or employee, Comwave shall specify orally, electronically or in writing the identified purposes to the Customer or employee at or before the time personal information is collected.
Persons collecting personal information will be able to explain to individuals the purposes for which the information is being collected, or will refer the individual to a designated person at Comwave who will explain the purposes.
Unless required by law, Comwave shall not use or disclose personal information for any purpose other than those described above without first identifying and documenting the new purpose and obtaining the consent of the Customer, where such consent may not reasonably be implied.
Principle #3 – Consent
The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except in certain circumstances as described below:
- In certain circumstances, personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal, medical or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate where there is an emergency threatening the individual’s life, health or security, or where the individual is a minor, seriously ill, or mentally incapacitated. In other instances, information may be publicly available. In addition, organizations that do not have a direct relationship with a Customer may not always be able to seek consent. For example, seeking consent may be impractical for a charity or a direct-marketing firm that wishes to acquire a mailing list from another organization. In such cases, the organization providing the list would be expected to obtain consent before disclosing personal information.
- Where appropriate, Comwave will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when Comwave wants to use information for a purpose other than those identified above).
- In obtaining consent, Comwave will use reasonable efforts to ensure that a Customer is advised of the identified purposes for which personal information collected will be used or disclosed.
- The form of consent sought by Comwave may vary, depending upon the circumstances and type of information disclosed. In determining the appropriate form of consent, Comwave shall take into account the sensitivity of the personal information and the reasonable expectations of its Customers and employees.
- Comwave will seek consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate where the information is less sensitive. The use of services or products by a Customer or the acceptance of employment by an employee will be considered implied consent to collect, use and disclose personal information for all identified purposes.
- An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Comwave will inform the individual of the implications of such withdrawal. In order to withdraw consent, an individual must provide notice to Comwave in writing.
- With respect to personal information already collected by Comwave prior to the publication of this policy, this policy will constitute reasonable notice to Comwave’s current Customers and employees of the purposes and uses for which such personal information has been collected. Should an individual object to these ongoing uses or disclosures, consent may be withdrawn upon providing notice to Comwave in writing.
Principle #4 – Limiting Collection
The collection of personal information will be limited to that which is necessary for the purposes identified by Comwave. Information will be collected by fair and lawful means.
Comwave collects personal information from its Customers and employees for the purposes described under Principle #2. Comwave may also collect personal information from such third parties as credit bureaus, employers, personal references or other third parties that represent they have the right to disclose the information.
Principle #5 – Limiting Use, Disclosure and Retention
Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual, or as required by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes.
Comwave may collect, use or disclose personal information without the individual’s knowledge or consent in certain circumstances as described in Principle #3.1. Comwave may disclose a Customer’s personal information to:
- Another telecommunications company for the provision of telecommunications services to that Customer;
- A company involved in providing communications directory services;
- A company involving in providing billing services;
- A person involved in the development, promotion, marketing or enhancement of Comwave’s services;
- A credit collections agency;
- Emergency services in an emergency situation;
- Comwave’s agents and affiliates;
- A person who, in the reasonable estimation of Comwave, is an agent of the Customer; and
- Any other third party, upon receiving the consent of the Customer or as required by law.
Comwave may disclose an employee’s personal information in the following circumstances:
- In the administration of that employee’s benefits;
- In providing references to prospective employers, upon receiving the consent of the employee; and
- As may be required by law.
Only Comwave’s employees with a business need to know, or whose duties reasonably so require, are granted access to personal information about Customers. Comwave will retain personal information for only as long as required to fulfill the identified purposes or as required by law. Personal information that is no longer required to fulfill the identified purposes will be destroyed, erased or made anonymous according to the guidelines and procedures established by Comwave.
Principle #6 – Accuracy
Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
The extent to which personal information will be accurate, complete and up-to-date will depend upon the use of the information, taking into account the interests of the individual. Information will be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about that individual.
Comwave will update personal information about Customers and employees as and when necessary to fulfill the identified purposes or upon notification by the individual.
Principle #7 – Safeguards
Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.
Comwave will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution and format of the information, and the method of storage.
Comwave protects all personal information regardless of the format in which it is held. Our methods of protection include:
- Physical measures, such as filing cabinets which are kept locked when not in use and restricted access, both to Comwave’s place of business in general and to internal offices as well;
- Organization measures, such as security clearances and limited access on a need to know basis; and
- Technological measures, such as the use of passwords, firewalls and encryption.
Comwave makes its employees aware of the importance of maintaining the confidentiality of personal information. All of Comwave’s employees with access to personal information will be required as a condition of employment to contractually respect the confidentiality of personal information.
Comwave will protect personal information it discloses to third parties through contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
Principle #8 – Openness
Comwave shall make readily available to Customers and employees specific information about its policies and practices relating to the management of personal information.
Comwave will make information about its policies and practices easy to understand, including:
- The title and address of the person(s) accountable for Comwave’s compliance with the policy and to whom inquiries or complaints can be forwarded;
- The means of gaining access to personal information held by Comwave; and
- A description of the type of personal information held by Comwave, including a general account of its use.
Principle #9 – Individual Access
Upon request, a Customer or employee shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
NOTE: In certain circumstances, Comwave may not be able to provide access to all the personal information it holds about a Customer or an employee. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, information that is subject to solicitor-client or litigation privilege, or, in certain circumstances, information of a medical nature. Comwave will provide the reasons for denying access upon request.
Upon request, Comwave will inform an individual whether or not the organization holds personal information about the individual, and will provide that individual with a reasonable opportunity to review any personal information which Comwave may possess about the individual. Comwave will allow the individual access to his or her personal information once the individual has provided Comwave with a written request application. Comwave will make the application available to Customers through Customer Service Representatives and to employees through the Human Resources Department. The application will include sufficient information to permit Comwave to provide an account of the existence, use, and disclosure to any third parties of this personal information. Comwave will use the application only for this purpose.
Comwave will respond to an application for individual access to personal information within a reasonable time and at minimal or no cost to the individual. The requested information will be provided or made available in a form that is generally understandable.
Comwave will be as specific as possible in providing an account of third parties to which it has disclosed personal information about an individual. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, Comwave will provide a list of organizations to which it may have disclosed information about the individual.
When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, Comwave will amend the information as required. Depending upon the nature of the alleged inaccuracy, amendment involves the correction, deletion or addition of information. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.
When an alleged inaccuracy is not resolved to the satisfaction of the individual, Comwave will record the substance of the unresolved issue. When appropriate, the existence of the unresolved issue will be transmitted to third parties having access to the information in question.
Principle #10 – Challenging Compliance
An individual will be able to address a challenge concerning compliance with the above principles to Comwave’s Privacy Officer.
Comwave will maintain procedures for addressing and responding to all inquiries or complaints from its Customers or employees about Comwave’s handling of personal information.
Comwave will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures.
Comwave shall investigate all complaints. If a complaint is found to be justified, Comwave will take appropriate measures, including, if necessary, amending its policies and procedures.
All inquiries or complaints involving Comwave’s handling of personal information or compliance with this policy shall be directed to Comwave’s Privacy Officer. The Privacy Officer will respond to all such inquiries or complaints within 14 business days of receipt thereof. If necessary, the Privacy Officer will advise the Customer or employee of the existence of relevant complaint procedures. Further, if the Privacy Officer deems it advisable, the Privacy Officer may consult with external legal counsel prior to providing a final response with respect to any individual complaint. In any event, the Privacy Officer will make reasonable efforts to resolve all such complaints within 30 days of receipt of the initial complaint. If a complaint is found to be justified, the Privacy Officer will take reasonable measures to correct the situation, including amending Comwave’s policies and procedures if necessary.
For more information, please contact our Privacy Office as follows: E-mail: firstname.lastname@example.org
For VoIP services Comwave offers a form of 9-1-1 service (9-1-1 Dialing) that is similar to traditional 9-1-1 service but has some important differences and limitations when compared with Enhanced 9-1-1 service (E9-1-1) available in most locations in conjunction with traditional telephone service. With both traditional 9-1-1 and E9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E9-1-1 service, your call back number and address are visible to the emergency response centre operator. With Comwave’s 9-1-1 service, your call is sent to a national emergency call centre. The call centre operator will confirm your location information and then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to confirm your address and call-back number since the operator may not have this information. Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again.
Your 9-1-1 Dialing service is enabled when you activate your Comwave VoIP service. You should ensure your location information is kept current at all times. This information can be updated through the Comwave website under the 9-1-1 section within the “Business Care” portal. In case you are not able to speak during the 9-1-1 call, the operator will dispatch emergency response vehicles to your last registered address. Remember that you must update your 9-1-1 information if you move your device to a different location, travel in Canada with your Home Phone service, and if you add a new line to your account.
Remember that your 9-1-1 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or Comwave service is suspended or terminated. We suggest purchasing a UPS (uninterrupted power supply) from a local retailer to ensure that your VoIP Equipment stays powered during short power failures.
You should inform all telephone users who may be present at the physical location where you utilize your VoIP Equipment, of the important differences and limitations of VoIP 9-1-1 Dialing service as compared with E9-1-1 service as set out above.
Traveling with 9-1-1
Unlike traditional phone lines, you can use your Comwave VoIP services anywhere. Comwave VoIP services are portable to any location with broadband Internet access. Since the national emergency call centre uses the address you provide to determine the nearest emergency response centre, you must update your new location when you move, or travel with your Comwave VoIP services in Canada or the USA. Simply log into “Business Care” at http://businesscare.comwave.net, and click on the 9-1-1 Address option to update your address.
Customers traveling outside of the USA and Canada will not have 9-1-1 Dialing services.