Babatel - Telecommunications Service Provider Canada

Toronto: (416)848-0134Toll Free: 1-844-BABATEL

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Business Phone Line Terms and Conditions

 

The following Terms and Conditions apply to Babatel Service provider of long distance products and services and sets out the basic rights, obligations and limitations of Babatel to its User (s). All of the terms and conditions contained herein bind both Babatel and the User and are subject to change from time to time at the sole discretion of Babatel.


By entering into the Service Agreement, you:

Babatel reserves the right to recognize only those individuals authorized by you as the only person(s) authorized to modify, terminate or accept changes to your account and Services.

 

At the time of your application for Services, you may be required to complete and sign an application to establish financial credibility (the “Credit Application”), and we will assign a credit limit and payment terms. You authorize Babatel to obtain information about your credit history at any time during the provision of Services. We may require a deposit or impose other payment or credit requirements (e.g., interim payments; mandatory pre-payments) on such terms as determined in our reasonable discretion. If your Service is terminated, we will apply any deposits or other payments against the outstanding final balance on your account.

 

Payment

 

If payment of an amount due on your account is not received by us by the required payment date specified on your invoice, it will be considered a Past due amount and will be subject to a late payment charge of 2.0% per month, calculated daily and compounded monthly on the Past due amount (26.82% per year) from the date of the first invoice on which the Past due amount appears until the date we receive such amount in full.

 

If Babatel is required to initiate legal proceedings to collect any amounts due to Babatel by you, you will be liable for all reasonable costs incurred by us in such proceedings, including legal fees and expenses, collection agency fees or payments and court costs in addition to all amounts due for Services.

 

Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the following:

 

 

You are liable for all charges to your account, regardless of who incurred them. You are responsible for the security of any authorization codes relating to your account and the security of any equipment located at your premises. Charges to your account are due and payable in full from the date of your invoice or statement.
Babatel invoice will include, and the Customer agrees to pay, in addition to the charges for Services, any applicable taxes, any other charges imposed by law, interest on prior overdue invoices and charges for returned cheques. .

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Charges

 

Any questions or discrepancies regarding charges must be reported to us within thirty (30) days of the date of our invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such charges. Any dispute regarding the migration of your Services to Babatel must be reported to us within thirty (30) days of the receipt of your first invoice for such Services. Payment of your first Babatel invoice will constitute your acceptance of the migration of your Services to Babatel.

 

Changes to your account (e.g., price plan, features or identifiers) will not take effect until after your next billing date.

 

Our Acceptable Use Policy, available at www.Babatel.ca/terms, is incorporated into these Terms by reference. Unless otherwise agreed upon in writing, you shall not resell, transfer or share any of the Services.

  

Toll Free Service charges

 

Toll Free service charge of minimum $27.90/month is charged on single line digital business plan. In addition to monthly fee, 2.5 cents per minutes (Canada on Net) and 3 cents per minute (US on Net) applies. All monthly fees are charged one month in advance and incurred toll free minutes will be charged on next month’s invoice. Recording fee, monthly DID fee and Auto Attendant fee applies.

 

Equipment and Software

 

Except for Equipment that you have purchased, all Equipment installed or provided by us remains our property and you agree that you shall:

 

You authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair or remove the Equipment or to maintain, investigate, protect, modify or improve the operation of our Services or our facilities.

 

Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the Services (e.g., 911 services). Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.

 

You are solely responsible for taking necessary precautions to protect yourself and your equipment, software, files and data against any risks inherent in the use of the Internet. Babatel is not responsible for any claims, losses, actions, damages, suits or proceedings relating to your failure to take appropriate security measures when using the Services.

 

You must immediately notify us if your Equipment is lost, stolen or destroyed. Should you then wish to terminate your Services, your obligations under the Service Agreement, including the ECF (Early Cancellation Fee), will apply.

 

Unless otherwise agreed, you are purchasing Services that require additional equipment, software and/or services, you acknowledge and agree that it is your sole responsibility to purchase, install, configure, secure and maintain, at your cost,

  1. all such required equipment, software and services, including interconnections and network configurations (the “Customer’s System”) to enable you to purchase and receive the Services; and
  2. any additional equipment, software, services, enhancements or upgrades that become available for use with the Services. Babatel will have no responsibility hereunder to correct or fix any problems or errors relating to or caused by the installation, configuration, security or modification of the Customer’s System or any of its components. Babatel shall not be responsible for charges incurred by the Customer by a third party’s illegal or fraudulent usage of the Services. You are solely responsible for securing the Customer’s System to mitigate such charges.

Any software and accompanying documentation we provide to you remains our property or that of our licensors. You will take reasonable steps to protect such software or documentation from theft, loss or damage. You must review and agree to the applicable end user license agreement before installing or using the software or documentation. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of the Service Agreement.

 

You agree that it may be necessary for Babatel to temporarily suspend Services for technical or maintenance reasons. Such a suspension of service will not be considered a service interruption. No Warranties; Limitations on our Liability

 

You acknowledge and understand that the Services or access to the Services, including 9-1-1 Emergency Access or special needs services may not function correctly, or at all, in the following circumstances:

Babatel’ liability to the Customer under or in connection with this Service 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. Babatel’ liability to the Customer, if any, shall be limited to direct damages and in no event shall Babatel be liable for lost profits, loss of data, economic loss, down time 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 Babatel has been advised of the possibility of such damages), arising out of or in any way connected with this Service Agreement. These limitations apply to all causes of action, including those arising from breach of contract and tort (including negligence).

 

These confidentiality obligations shall not apply to Confidential Information which is disclosed pursuant to applicable law, provided that if disclosure is requested, the Party being required to disclose the Confidential Information shall provide the other Party with prompt notice of the request to enable the other Party to seek a protective order, and shall take reasonable steps to limit the amount of disclosure. Further, nothing in this section prohibits Babatel from disclosing any information to:

In the event of a breach, or threatened breach, of any of the foregoing confidentiality provisions, the Parties agree that the harm suffered by the injured Party would not be compensable by monetary damages alone and, accordingly, that the injured Party shall, in addition to other available legal or equitable remedies, be entitled to seek an injunction against such breach or threatened breach.
Upon the expiry of any applicable Commitment Period, the Services shall continue to be provided by Babatel on a month-to-month basis, and the charges for such Services are subject to change to reflect Babatel’ then-current charges for such Services provided without a Commitment Period.

You may terminate all or any part of your Services:

 

We may restrict, block, suspend or terminate any or all of your Services or accounts, including E 9-1-1 Emergency Access, or identifiers in any way, without notice or liability to you, if:

the terms of this Services Agreement will apply to such provided Services and you agree to pay Babatel the then-current month-to-month charges for such Services.

 

General

 

The Service Agreement, as amended from time to time, constitutes the entire agreement between you and Babatel for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter. If any portion of the Service Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of the Service Agreement does not mean we have waived any provision or right. The Service Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario.

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