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December 28, 2021

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.

The Customer, as identified in the Customer Account (as defined herein), and as may be referred to as User, “subscriber”, “You” or “Customer”, subscribes to Babatel Services subject to the terms and conditions specified herein.

Babatel privacy policy affirms its Customer (s) commitment of maintaining confidentiality, security, accuracy and privacy of Customer (s) personal information that Babatel collects and uses to provide telecommunications services. Please see our Privacy Policy link for further information.

The information and services included in may include inaccuracies or typo graphical errors. Changes are periodically made to the product or services and to the Terms and Conditions.

By entering into the Service Agreement, you:

  • authorize Babatel to obtain information about your credit history and agree that Babatel may provide information to others about your credit experience;
  • accept all provisions of the Service Agreement, including those set forth in the Materials and these Terms;
  • agree to cause all persons who use Services under your account or with your authorization to comply with the Service Agreement;
  • acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
  • acknowledge that you have received and had the opportunity to review a copy of the Service Agreement, including the Materials and these Terms prior to the activation of the Services;
  • confirm that the information you have provided to us is up-to-date and accurate; and
  • agree to notify us of any change in your information.

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.

Customer Service

We provide customer service 7 days a week, including statutory holidays, from 9 am to 5 pm Eastern Standard Time. For any inquiries, complains or concerns outside office hours you can email us at csr@babatel.ca

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 charges Minimum $2 per month or the higher of 2.5% per month, calculated daily and compounded monthly on the Past due amount (30% 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:

  • Collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments;
  • Returned or rejected payments;
  • Change of any identifier (e.g., phone number); and
  • The restoral of Service. A list of such charges is available on request or at www.Babatel.ca and is incorporated into these Terms and conditions by reference.

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.

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 $10/month is charged on single line digital business plan. In addition to monthly fee, starting rate at 2.5 cents per minutes (Canada on Net) and 3.5 cents per minute (US on Net) applies. All monthly service 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.

 

Unlimited Canada and USA Calling   The Digital Enterprise HPBX Unlimited Canada and USA calling does not apply for Telemarketers, Call Centers, Pollsters, Survey companies and any frequent caller businesses. Auto dialer calling is also not permitted. A security deposit may be required after first month of service. For more detail please contact your business representative.

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:

  • Take reasonable care with such Equipment;
  • Not sell, lease, mortgage, transfer, assign or encumber such Equipment;
  • Not re-locate such Equipment without our knowledge and permission; and
  • return such Equipment as directed upon termination of the Services to which the Equipment related. If such Equipment is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us in seeking possession of such Equipment.

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,

  • 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
  • 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 E911 Emergency Access or special needs services may not function correctly, or at all, in the following circumstances:

  • If your Equipment fails, is not configured correctly or does not meet Babatel’ requirements;
  • In the event of a network outage or extended power failure;
  • If you tamper with or, in some cases, move the Equipment; or
  • following suspension or termination of your Services or account

Liability

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:

  • The Customer;
  • A person who, in Babatel’ reasonable judgments, is seeking the information as the Customer’s agent.
  • A company involved in supplying the Customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose;
  • An agent retained by Babatel in the collection of the Customer’s account or to perform other administrative functions for Babatel, provided the information is required for and used only for that purpose;
  • An agent retained by Babatel to evaluate the Customer’s creditworthiness, provided the information is required for and is to be used only for that purpose;
  • Another communications carrier, subcontractor or other person, or to an affiliate of Babatel, provided the information is to be used for the efficient and cost effective provision of Services to Customer and disclosure is made on a confidential basis with the information to be used solely for that purpose;
  • Satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal (including criminal) action against Customer; provide the Services properly; ensure or enforce compliance with the Service Agreement or to protect Babatel, its affiliates or customers; or
  • A public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of the information.

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.

Service Termination

You may terminate all or any part of your Services:

  • during the applicable Commitment Period upon no less than sixty (60) days advance notice or no more than 90 days in advance notice by contacting Babatel at the appropriate points of contact specified in these Terms, and upon payment of the applicable ECF, except in respect of any service for which a shorter notice period is required by applicable legislation or regulation in which case termination of any such service will be effective on the later of the date of your notice or any future date specified by you and upon payment of the applicable ECF; or
  • where such Services are not subject to a Commitment Period, upon no less than thirty (30) days advance notice by contacting Babatel at the appropriate points of contact specified in these Terms, except in respect of any service for which a shorter notice period is required by applicable legislation or regulation in which case termination of any such service will be effective on the later of the date of your notice or any future date specified by you. Applicable charges continue to apply until the effective date of the termination communicated to Babatel.

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:

  • You are in breach of the Service Agreement, including non-payment of your charges;
  • You do not maintain Service usage within the prescribed credit limit;
  • We reasonably suspect or determine that any of your account, identifiers, Services or Equipment is the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services or facilities by others;
  • You harass, threaten or abuse us or our employees or agents;
  • You fraudulently or improperly seek to avoid payment to us;
  • Bankruptcy or insolvency proceedings are instituted by or against you; or
  • We reasonably believe that there is an emergency or extreme circumstance that would warrant such action. If we restrict, suspend, block or terminate your Services or accounts:
  • You must pay any amounts owing, including applicable late payment charge;
  • Your access to emergency or special needs services (e.g., E  9-1-1) may also be restricted, suspended, blocked or terminated; and
  • You will return all Equipment as directed.

If we continue to provide Services after a termination or expiration date, you agree that 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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