Home Phone and Internet Terms and Conditions

 

The following Terms and Conditions apply to Babatel; Long Distance, Home Phone and Internet 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.

 

General Terms of Service

 

These General Terms of Service are binding upon user and on Babatel and are subject to change from time to time. You cannot assign or transfer your rights or obligations under these General Terms of Service without Babatel's prior written consent. These General Terms of Service shall be governed by the laws of the province of Ontario.
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.

 

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

.

Privacy Policy

 

Babatel's privacy policy affirms its customer commitment to maintain confidentiality, security, accuracy and privacy of customer personal information that Babatel collects and uses to provide telecommunications services. Disclosure of customer information may be disclosed only pursuant to these General Terms of Service.

 

The Customer is responsible for providing accurate information and for updating any information on the Customer's account. Babatel reserves the right to suspend or terminate the Customer's account or any of its services if provided with incomplete or inaccurate information at the time of subscription or at any time thereafter.
By entering into this agreement,

  

Babatel may suspend or cancel any or all of its Service (s) without notice if:

 

  

Ownership of Equipment and Service

 

Babatel shall have all the right, title and interest in the copyright, patents and intellectual property rights in the Equipment and Service or any part thereof.

 

Directory Listing

 

The phone number(s) that Customer obtains in connection with the Service will not be listed in any telephone directories.

 

No third Party Billing Calls (Collect calls, or 1-900 calls)

 

The Home Phone Service does not support Third Party Billing Calls (including, without limitation, collect calls and third party billing calls. Further, the Home Phone Service does not support 1-900 calls or other similar services. However, The Home Phone Service does support 411 calls, which shall be charged at a rate of $0.75 per call which is subject to change from time to time by Babatel. The Babatel Home Phone Service may support certain calling card calls or other phone companies' flat rate calling services (depending on dialing requirements), but it will not support 10-10 dial around long distance services.

 

Long Distance

 

Unlimited Plans are subject to Fair usage Policy. Posted Rates and minutes do not include tax. Calls to Unlimited Free Talk (Europe Plan) countries are restricted to land line numbers only. Calls over the fair usage minutes, over the posted minutes, calls to area code 1867, Alaska and Hawaii, calls to mobile and calls to non-Unlimited Global Talk plan will be charged on per minute basis. The promotional offer to use HOME PHONE Global Talk long distance service from mobile is limited to only one mobile per account. Customer is responsible for air time and roaming minutes that may be charged by Mobile Service provider.

 

Rates are subject to change without prior notice and are subject to applicable tax. Some countries mobile, special codes and audio text service rates may vary. Calls are billed in one minute increments, and have no connection fee. For more details please visit http://www.babatel.ca

 

Home Phone Use Policy

 

The Customer may use the Services solely for his/her own personal, residential use and for voice only purposes. The Customer shall not resell or transfer the Service to any other person for any other purpose, or charge any other person for the use of the Service.
Customer (s) shall not use, distribute to, or otherwise disseminate through Babatel Home Phone material or information of any kind that is libelous, defamatory, obscene, abusive, or otherwise violates any law or infringes or violates any rights of any other person, entity or goods and services.

 

Deposit

 

If Customer(s) decide to rent Adaptor, a Babatel Phone Adaptor deposit of $45.00 will be required before any approval or activation of the service. Deposit carries no interest and is only used as a security until Adaptor is returned to Babatel in good working condition (See return policy). If Customer(s) decide to purchase the Babatel Phone Adaptor, no deposit is required

 

EQUIPMENT

 

The Customer may purchase Babatel Phone Adaptor for one-time fee of $54 or rent for $2.95/month from Babatel in connection with the Services offered by Babatel. A non-refundable shipping fee of $11.95 will be charged. The fee is charged to cover the cost associated with shipping of Babatel Phone Adaptor to customer. You may pick up Babatel Phone Adaptor free of charge from an authorized agent or from Babatel Head Office.

 

The Customer shall use and operate the Babatel Phone Adaptor in compliance with the general operating specifications and standards of the manufacturer, and all applicable laws.

 

The Customer will not sell, lease or otherwise dispose of the Babatel Phone Adaptor (or any part thereof) and will keep the Babatel Phone Adaptor free of all encumbrances and applicable laws.

 

At all times, the Customer will use the Babatel Phone Adaptor only in the manner for which it is designed and as a prudent and careful owner would

 

The Customer will bear the risk of loss, destruction or confiscation to the Babatel Phone Adaptor from the time the Babatel Phone Adaptor is delivered to the Customer and Customer is responsible for insuring the Babatel Phone Adaptor as of the date of such delivery.

 

Service and Support

 

Babatel offers varying types of support for the Home Phone Service. Customer should review the "FAQ" site to address Service related questions. Further, the Customer may contact Babatel directly with Service related questions by email or telephone seven days a week.

 

With respect to Babatel Phone Adaptor, Babatel will offer technical assistance and support for degradation or malfunction due to normal wear and tear to the hardware or Babatel Phone Adaptor rented or purchased from Babatel unless otherwise specified.

 

Babatel will not provide support for third party services, hardware, software, PC repair services, enhancements, upgrades or modifications that are not purchased, rented or licensed from Babatel.

 

Babatel will not in any way be held responsible to correct or fix any problems or errors relating to or caused by the installation, configuration or modification of the Customer's Babatel Phone Adaptor or system or any components thereof or to incur any costs related thereto.

 

Babatel may interrupt your Services 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 Phone equipment, facilities or network, or for other technical reasons as may be required.

 

Home Security Systems

 

The Home Phone service may not be compatible with home security systems. You may be required to maintain an alternate telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with your Home Phone service.

 

ACCOUNT INFORMATION AND PAYMENT

 

To subscribe for the Services the Customer shall provide the required information at the Order Request section of www.babatel.ca  site and create an account ("Customer Account").

 

 

Refer A Friend

 

To qualify for one Month Free Home Phone service: You must be a current Babatel Home Phone customer with excellent payment record. your friend prepays six months in advance and account stays active for full six months or longer. The One Month Free credit will be applied to your account starting after 30 days of activation.

 

A qualified referral means a person of age of majority who lives in Canada and/or is a Canadian citizen or a legal resident with a valid phone number who subscribed to Babatel Home Phone Service plan, paid security deposit using a credit card or payment through bank and signed online. Vouchers, discount coupons and any other type of promotional offers used will not be accounted for Referral credit and cannot earn Referral credit.

 

In case that your referral makes a payment and reverses his payment, files for charge back or cancels the service within 180 days from the date of activation, your referral credit will be deducted from your Home Phone Account. If you have already received your referral credit an amount equal to the referral credit will be added to your account upon our discretion, or if you have already redeemed and used your Referral credit we reserve the right to immediately put a hold on your account until we receive the full credit.

 

Payments

 

Unless otherwise agreed, all plans are prepaid. Invoices will be sent by email to the primary email address associated with your Account in advance of billing date. All communication for the purpose of billing or legal notice will be send by email address (es) that you have provided to us.

 

All Services or purchases that have recurring monthly charges require pre-authorized payment via credit card or bank account and require one month service security deposit.

 

All fees and charges for the Babatel Phone Adaptor, Modem/Router or other services or products subscribed or purchased under this agreement including shipping charges and tax, will be paid by the Customer on credit card (Visa, Master Card), Visa Debit card, online Bank payment or Pre Authorized bank payment. You hereby authorize Babatel to charge your credit card, withdraw payment from your bank account every time we render you an invoice, for up to the full amount of the invoice. We may also need a completed Pre-Authorized Bank Payment form that we provide to you. Void cheque is required for Pre Authorized bank payment. Original void cheque, Scan copy, Cheque Picture, Hard copy or soft copy will be accepted.

 

For purchases requiring immediate payment, Customer's credit card will be charged and Customer will be provided with a receipt of payment.

 

A Customer who provides payment by credit card or pre authorized bank payment agrees to allow Babatel to bill his or her credit card or bank account on each successive billing date. The Customer shall notify Babatel of any changes in credit card number, expiration date or bank account information. If the credit card or bank payment is not honored for any reason, and if alternative billing has not been established, the Account and the Service(s) may be suspended or canceled until the payment is received in full. To reactivate a suspended account $10 reactivation fee will be assessed to the account. Furthermore, late payment charges of 2% per month (24% annually) will be charged to unpaid balances after 30 days past your statement date.

 

In the event that fees are to be charged to the Home Phone and or internet service, Babatel will notify the Customer by providing thirty (30) days written notice to the email address submitted at registration (or the current email address, if updated in Customer Account) and will confirm credit card details for the purposes of payment. At this time, Customer must provide all requested financial information and update any personal information in order to continue using the Services. Failure to provide such information may result in suspension or termination of the Service(s).

 

Unlimited Plans

 

Babatel reserves the right to change the Services plans, rates and any fees for Home Phone Services at any time on its own discretion without prior notice. The Global Talk Plan rates are based on the current market value that can fluctuate; thus, countries list with this Plan is subject to change, and is subject to fair usage policy. Countries list will periodically be updated on the website and Babatel will make every reasonable effort to inform customer by either form of email, phone or web posting. Continued use of this website, its Unlimited Plans and Global Talk plan is deemed to have accepted the new amended Unlimited Plans and terms and conditions.

 

Our Regular monthly plan is (Canada Wide) $12.95 charged on month to month basis. The 6 Months Free Home Phone promotional offer applies on minimum (24) months prepaid accounts based on promotional monthly rates of $9.95 starting from the Nineteenth (19th) month, and the 1 Month Free Home Phone promotional offer applies on minimum (12) months prepaid accounts based on promotional monthly rates of $9.95 starting from the twelfth (12th) month . Unless plan is renewed based on another twenty four (24) months or twelve (12) months prepaid account (whichever applies) in which case regular monthly rate of $12.95 will apply. If you cancel your home phone service before 12 months term ends (on a 12 months plan) or 24 months term ends (on 24 months plan) your account will be charged regular rate dated back from the first month of service or from renewal date, whichever applies?

 
Switching Plans

 

You may switch your Home Phone Service Plans by upgrading or downgrading your Unlimited Plan. The service changes will only take place on your billing cycle and you will be charged an administration fee of $4.99 for each service change. The $4.99 administration will be added to your monthly invoice for the effected month. The change in unlimited monthly plan fee will commence starting with the new invoice.

 
Service Cancellation

 

The Home Phone Service may be cancelled at any time by the Customer. A $25 cancellation fee will be charged to customer’s account. Customer may cancel the Home Phone Service within 7 days from the date of application without incurring any monthly charge or cancellation fee. Shipping Fee will not be refunded and 15% restocking fee will be charged for returned Babatel Phone Adaptor. If customer rented the Babatel Phone Adaptor, cancellation date will occur upon device return to authorized agent or to Babatel head Office by customer and Babatel will refund the security deposit upon return of Adaptor. If Babatel Phone Adaptor purchased by customer, then account cancellation can happen on any date as requested by customer!

Babatel has the right to cancel the Home Phone Service and suspend the telephone number assigned to the Customer's account due to Customer's breach of this Agreement or any abuse or action that is inconsistent with the Babatel’s Acceptable Use Policy, by providing customer thirty (30) days written notice of the pending cancellation.

 

You further agree that Home Phone service will not be canceled until Babatel Phone Adaptor is returned in good working condition. Upon termination, all rental equipment must be returned, within seven (7) days from the date of termination, failing which the Customer will be charged the full purchase price. Returned equipment must include all original cables, accessories and power adapters, package and must not have any visible physical damage

 

Billing and Payment

 

Unless otherwise stated in this Agreement Babatel will invoice the Customer by email for Services rendered in advance on a monthly basis in respect of the Services to be provided in the said month.
Recurring charges will be pro-rated for any month in which the Services are provided for only part of that month. Invoiced amounts are charged to customer’s credit card 7 days prior to billing cycle on a monthly basis.

 

Babatel’s invoice may include, and the Customer is responsible for in addition to the Charges, any applicable taxes, any other charges imposed by law, interest on prior overdue invoices and charges for NSF checks. Interest will accrue on any amount not paid by due date indicated on the invoice at the rate of 2% per month (compounded annually) after 30 days past your statement date, or the maximum legal rate, if less.

 

Third party charges incurred by Babatel in connection with the Services are subject to change and Babatel reserves the right to pass on such charges to the Customer.

 

In the event Babatel, at the request of the Customer, incurs unusual expense in the provision of a Service to the Customer, for example and without limitation, for special construction or maintenance work, the Customer shall be liable for such expenses. Babatel shall bear the expense of maintenance and repairs required due to normal wear and tear to Babatel Facilities. Babatel may charge for additional expenses incurred when the Customer requires maintenance and repair work to be performed on the Customer’s facilities or any equipment or products leased to the Customer at Babatel standard prevailing rates.

 

Disputes

 

Customer shall dispute an invoice within 30 days from the date of the invoice by providing a written notice. Any disputed claim after 30 days from the date of invoice will be deemed as Customer has agreed to the contents of the invoice and will have no right to challenge any element of the invoice.

 

The Customer shall be liable to Babatel for all costs and/or expenses incurred, including legal fees, in the collection or attempted collection of any unpaid Charges or invoices.

 

Babatel at its sole discretion may elect to change billing dates. The Subscriber also agrees to make all payments by pre-authorized credit card payment with the card number given to Babatel during the activation process unless the Subscriber has enrolled for billing services in which case payment is due upon receipt of invoice.

 

By subscribing to the Services, the Subscriber authorizes Babatel to investigate the Subscriber'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 Babatel may reasonably request for this purpose. All deposits or other prepayments made by the Subscriber in connection with the Services will earn no interest.

.

 

Loss of Adaptor

 

If the Babatel Phone Adaptor is lost or stolen and it is being used to access your Account or Service without permission, you are required to notify Babatel immediately by calling customer service. You will be responsible for all charges to your account until Babatel suspends the Service. Babatel shall charge customer full value for the devise and send you another devise while security deposit will not be affected

 

You should make every effort to safeguard your Babatel Phone Adaptor, account number, password and associated information. Babatel is not responsible for lost or stolen Babatel Phone Adaptor, passwords, or unauthorized use of Home Phone Services under your account.

 

Call Failover

 

Never miss a call, gives the option to transfer a call from a Babatel  Home Phone to an alternate phone (mobile) in the event that there is power or broadband internet outage, or in the event that broadband internet service is suspended or terminated. By transferring calls to your mobile you may be charged for air time, roaming or long distance by your mobile service provider. You are required to test the functionality of service and to make sure call is transferred to your provided alternate phone number. If call is not transferred for any reason to the provided phone number you are responsible to inform us of the problem so further tests can be conducted.

 

Call Forwarding

 

This feature can be utilized to transfer call from a  Home Phone to an alternate phone (mobile) after 40 seconds of ring time and in the event that there is no response. By forwarding calls to your mobile you may be charged for air time, roaming or long distance by your mobile service provider. You are required to test the functionality of service and to make sure call is transferred to your provided alternate phone number. If call is not transferred for any reason to the provided phone number you are responsible to inform us of the problem so further tests can be conducted.

 

911 Verses E 911 Calls

 

HOME PHONESUPPORTS E - 911 CALLS. Your 911 call is directed to (E 911) services that is similar to traditional 911 services but has some important differences and limitations. With both traditional 911 and E 911 service, your call is sent directly to the nearest emergency response Center. WITH HOME PHONE’S E 911 DIALING SERVICE, YOUR CALL IS SENT TO A NATIONAL EMERGENCY CALL CENTER. THE CALL CENTER OPERATOR WILL CONFIRM YOUR LOCATION INFORMATION AND THEN TRANSFER YOUR E 911 CALL TO THE EMERGENCY RESPONSE CENTER NEAREST YOUR LOCATION. You should be prepared to confirm your address and call-back number information. Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again. The Customer agrees to advise all users who may place calls over the Service from the Customer's location of these limitations.

 

You are advised to update your change of address or new location information with Babatel online or by calling customer service as soon as possible. You will be provided account’s online login access information, and you are required to login online and to update your address. Failure to comply with these terms and conditions may result, in an emergency situation, the emergency response team will be sent to your old address which may also result in loss of life. Babatel will not be held responsible howsoever if User fail to update Babatel the new address or new location information within reasonable time.

 

Your application must be approved and confirmed by email prior to E 911 full service activation. Remember that your E-911 service will not function in the event of a power or broadband internet outage, or in the event that broadband internet service is suspended or terminated. Customer must have alternative phone (s) to use for 911 calls.

The customer acknowledges and agrees that notwithstanding anything to the contrary herein, Babatel, its affiliates, Directors, employees, agents, and any underlying carriers will not be liable for any injury, death, or damage to the persons or property arising directly or indirectly out of or relating in any way to the provision or non- provision of E 9-1-1 and/or emergency service, including without limitations any inability on the part of the customer or its end users to access E 9-1-1 and or emergency service. The customer agrees to indemnify and hold harmless Babatel, its affiliates, Directors, employees, agents, and any underlying carriers from any liability, claims, damages, loses arising directly from the provision or non-provision of E 9-1-1 and or emergency service.

 

Conveying Limitations to Other Household Residents and Guests

 

You should inform any household residents, guests and other persons who may be present at the physical location where you utilize the Home Phone service of the important differences in and limitations of E 9-1-1 Dialing service as compared with traditional 911 Dialing service, as set out above.

 

We do not have any control over, whether, or the manner in which, calls using our E 9-1-1 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing E 9-1-1 calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Babatel 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 E 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 Babatel, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with 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 E 9-1-1 Dialing, incorrectly routed E 9-1-1 Dialing calls, and/or the inability of any user of the Service to be able to use E 9-1-1 Dialing or access emergency service personnel.

 

Fair Usage Value

 

Your use of the Services is subject to reasonable use limitations. For all “unlimited” Service Plans, reasonable use means that your use of the long distance Service does not exceed 3,000 minutes per month. Except where prohibited by law, Babatel reserves the right to immediately disconnect, suspend or modify your Service if your use of the Service violates or it is determined by Babatel that your use of the Service violates this reasonable use policy. Babatel reserves the right to change, modify, or cancel any plan, its fair usage minute allowance or destinations included at any time without notice.

Not for Sell or Commercial Use

 

If you subscribe to any of the Unlimited Long Distance Plans, you may not use the Services for anything other than normal residential use. You may not resell the Services or use for commercial purposes, or receive any charge of benefit for the use of the Services. You may not share or transfer your Services without Babatel's express consent.

 

Charges and activation date

  1. Charges will commence as of the activation date for the applicable Services and are payable in advance, as per Babatel's normal billing cycle. Your activation date will be either i) seven (7) days after the equipment has been sent to you; ii) You begin using the service or iii) the date that your number is ported to Babatel.
  2. BABATEL will charge you on a pro-rated basis when you start your service with BABATEL, using the agreed method of payment. BABATEL's billing cycle is based upon a calendar month basis.
  3. You are responsible for paying for all usage charges for calls originating from  Home Phone service, regardless of who made them. You shall be responsible for all amounts related and associated with fraud and fraudulent charges.
  4. You will be responsible for all charges that BABATEL incurs to setup Your service if you cancel your service prior to BABATEL activating your service, including, but not limited to; i) cost incurred from third parties for porting service; ii) any and all shipping costs and any iii) government fees.
  5. BABATEL up by you with BABATEL. An administrative fee will be charged to any payment returned for non-sufficient funds ("NSF"). You are responsible for payment to BABATEL of charge(s) for Service(s) and Equipment furnished to you. BABATEL will send statements through e-mail and posting the information on our web portal. BABATEL will not mail any bills or statements unless expressly agreed to.
  6. 6. You must bring inquiries and disputes regarding charges to BABATEL's attention within 30 days of the charge date or you will be deemed to have accepted the charge as accurate in all respects.

 

Porting Telephone Number

 

You may wish to port in (transfer in) your existing phone number from another service provider to Babatel or Babatel will assign a new phone number for you. If you wish to port your existing phone number, do not cancel your home phone service, we will bear the responsibility of porting your existing phone number and pay for the charges. Allow up to (5) five business days to port your existing number. We require a current invoice from your service provider as a proof to confirm your current phone number status for porting a number to Babatel.

 

If porting is rejected due to invalid, wrong or incomplete information, you canceled your Home Phone account prior to porting request completed, MRA (Most Recent Authorization) or any other fault on your part howsoever to cause the process get rejected, a Porting Rejection Fee of $90 plus HST will be applied to your account. You are responsible to verify and confirm with your current service provider any outstanding charges and any porting related charges.

 

If you choose to port out (transfer out) Babatel phone number to another service provider you will be charged $50 Transfer Fee for porting out your assigned phone number with Babatel to another service provider.

 

Internet

 

You may only subscribe for Internet Services in Ontario and Quebec if available in your geographic area. By enrolling into, installing, using, or paying for Babatel’s Products and Services, You explicitly state that it has been verified in your own jurisdiction that your use of the Service is allowed in accordance with the law. In addition, you agree to the services, rates, changes, terms and conditions set forth mentioned in this Terms and Conditions.

mentioned in this Terms and Conditions.

 

Unlimited Plans


All Internet (DSL/FTTN and Cable) plans are unlimited and there is no cap. Promotional Rate Plans are based on minimum six (12) twelve months prepaid commitment. Regular monthly Rate Plans will apply for accounts with less than six (12) twelve months commitment.

 

One Month Free Promotion


The One Month Free promotion applies to One Year prepaid internet account [pay (11) eleven months at regular rate plus tax and first month becomes free]. If internet service is cancelled before one year period ends, the first month costs will be added to the account and customer will be responsible for it. Customer agrees and is bound to the terms and conditions set forth mentioned in this Terms and Conditions.

 

 

Installation of Services

 

Subject to order confirmation, Babatel requires 5 to 7 days for installation appointment date and it does not include holidays. Customer or a person 18 years or older must be present at the location, on set date and time so the (Bell, Rogers, Cogeco or Videotron ) technician can access the property. Customer or a person 18 years or older must answer the phone call from the (Bell, Rogers, Cogeco or Videotron ) technician. If no one was present at customer’s place of residence, on the set date and time or technician phone call was not answered, the installation cannot be completed. Missed installation charge will apply to customer’s account. Another installation appointment may be required and subsequently additional installation charge may apply to customer.

 

DSL Dry Loop Internet: Bell technician will install Internet service to the demarcation point for traditional telephone lines. You are responsible to connect the Modem Router and computer according to the printed instructions. Babatel provides technical support to assist you to connect your devices, if needed, over the phone


 

FTTN Internet: Bell technician will install Fiber from Bell central office to a street cabinet in your neighbourhood, with the final connections from street cabinet to your address which is traditional telephone line, and then the technician may complete the installation including the connection of modem router and one computer at your address.

 

Cable Internet: Rogers or Cogeco will send technician to your address (based on service locations) to install the cable, the technician may or may not connect your modem. You are responsible to connect modem, router and your computer according to the printed instructions. Babatel provides technical support to assist you to connect your devices if needed over the phone. Inside wiring and other on-site installation service is available upon request. Extra charges will apply.

 

Babatel provides 7 days customer services. We also provide on-site support in Toronto and GTA. The on-site support is solely for inquiring about Babatel’s sold or rented equipment and the connections. When the phone line or cable internet line has an issue, Babatel subcontracts them to its vendors Bell, Rogers, Cogeco or Videotron to resolve the problem. Other issues related to physical damage or software is entirely your (Customer) responsibility. If You (Customer) agree, Babatel may send a qualified technician at an additional charge to provide technical support with respect to these issues.

 

In the case of residential Services (Internet and/or IP phone), they must be solely used for residential and personal purposes. You shall not in any way resell, license or allow any third party to use the Service without receiving Babatel prior written consent. You may not share or transfer your Services without Babatel express written consent.

You are solely responsible for the placement of physical and procedural impairments to the inappropriate use of your Account, including password protection and you are solely responsible for supervising any and all use of your Account. You agree to hold us, our affiliates, agents and suppliers, including without limitation our Affiliated Suppliers and Carriers, harmless from all liabilities and expenses related to any violation of this Agreement or laws by you or any user(s) of your Account, or in connection with your or their use of any Service(s).

Your messages and transmissions over the Internet may be the subject of unauthorized interception and review. A person with Internet access can cause damage, incur expenses, enter into contractual obligations and attract liability while on the Internet. You can incur many charges and may be exposed to liability on the Internet in connection with your use of Services. All such matters are your responsibility. We, our Affiliated Suppliers and our Carriers are not responsible for any charges or taxes (expressly including, without limitation, provincial or federal universal service charges, regulatory fees of any kind, federal excise or sales tax, or provincial sales tax), or liability you incur.

 

Except for Equipment for which you have fully paid, all Equipment installed or provided by us remains our property and you agree that:
•     You will take reasonable care with such Equipment;
•     You may not sell, lease, mortgage, transfer, assign or encumber such Equipment;
•     You may not reconfigure or re-locate such Equipment without our knowledge and     permission; and
•     You will return such Equipment to us at your own expense upon termination of the Services to which the Equipment related.
•     If any Equipment belonging to us is lost, stolen or damaged or sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value or Full 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, remove, replace, investigate, protect, modify, upgrade or improve the operation of our services, the Equipment or our facilities or networks. If any of your Services or Accounts has been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable.

 

Unless otherwise specifically set out in this Agreement, to the maximum extent permitted by applicable law, neither Babatel nor its affiliates, subsidiaries, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) will be liable to you or to any third party for any claims, damages, losses or expenses, including without limitation lost wages or missed work, in the event that an installation appointment for a Service is missed, either by us or by any third party installer

 

Payment

 

Unless agreed in writing, all plans are prepaid. Invoices will be sent out by email to the primary email address associated with your Account. All communication for the purpose of billing or legal notice will be sent via email that you have provided to us. In case you don’t receive email, email is missing or you did not provide us email at the time you place your order, You (Customer) are required Monthly to check on your monthly statement by calling customer service.

You (Customer) are liable for all charges to your Account, including without limitation, shipping fee, Dry Loop fee, installation and/or missed installation fees, moving/transfer fee, Speed change/swap fee, Modem fees if applicable, switching fee, suspension/reinstatement fees, Account investigation fee, Equipment purchase and/or rental fees, Damaged/Not returned equipment fee, cancellation processing fee, technician home visit/repair fees and deposits.

 

All Services or purchases that have recurring monthly charges require pre-authorized payment via credit card or bank account and require one month service security deposit.

All fees and charges for the Babatel Phone Adaptor, Modem/Router or other services or products subscribed or purchased under this agreement including shipping charges and tax, will be paid by the Customer via credit card (Visa, Master Card), online Bank payment or Pre Authorized bank payment. You hereby authorize Babatel to charge your credit card; withdraw payment from your bank account every time we render you an invoice, for up to the full amount of the invoice.


All Services or purchases that have recurring monthly charges require pre-authorized payment via credit card or bank account and require one month service security deposit.

 

All fees and charges for the Babatel Phone Adaptor, Modem/Router or other services or products subscribed or purchased under this agreement including shipping charges and tax, will be paid by the Customer via credit card (Visa and Visa Debit, Master Card), online Bank payment or Pre Authorized bank payment. You hereby authorize Babatel to charge your credit card, Visa Debit Card; withdraw payment from your bank account every time we render you an invoice for up to the full amount of the invoice. All fees and charges for the Babatel Phone Adaptor, Modem/Router or other services or products subscribed or purchased under this agreement including shipping charges and tax, will be paid by the Customer via credit card (Visa and Visa Debit, Master Card), online Bank payment or Pre Authorized bank payment. You hereby authorize Babatel to charge your credit card, Visa Debit Card; withdraw payment from your bank account every time we render you an invoice for up to the full amount of the invoice.

We may also need a completed Pre-Authorized Bank Payment form. Void cheque is required for Pre Authorized bank payment. An original void cheque, Scan copy, Cheque Picture, Hard copy or soft copy will be accepted. A $45 NSF (Not Sufficient Fund) fee shall be charged to any transaction declined by Credit Card Company or bank.

For purchases requiring immediate payment, Customer's credit card or Visa Debit card will be charged and Customer will be provided with a receipt of payment.

 

A Customer who provides payment by credit card, Visa Debit card or pre authorized bank payment agrees to allow Babatel to bill his or her credit card, Visa Debit card or bank account on each successive billing date. The Customer shall notify Babatel of any changes in credit card number or Visa Debit card expiration date or bank account information. If the credit card, Visa Debit card or bank payment is not honored for any reason, and if alternative billing has not been established, the Account and the Service(s) may be suspended or canceled until the payment is received in full. To reactivate a suspended account $50 reactivation fee will be assessed to the account. Furthermore, late payment charges of 2% per month (compounded annually) will be charged to unpaid balances after 30 days past your statement date. Any unpaid or outstanding account balance may be reported to credit agencies and/or collection agencies for collection. Once the account is placed with a collection agency $50 collection fee plus a 2% per month interest (24% per annum) will be applied to the total outstanding balance until such time that the balance is cleared.


Any questions or discrepancies regarding Service Fees and charges must be reported to us within 30 days from the date of your invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such Service Fees and Charges.


Changes to your Account (price plan, features or speed upgrades) will take effect on your next billing date and may require additional fees or charges.

 

Deposit

 

We may require You (Customer) to prepay Equipment (Babatel Phone Adaptor, Router/Modem) and deposit(s) prior to providing you with Equipment (Babatel Phone Adaptor, Router/Modem). You (Customer) agree to pay us the cost of any Equipment (Babatel Phone Adaptor, Router/Modem) not returned to us upon service disconnection or loss, together with any costs incurred by us in seeking to obtain possession of such Equipment (Babatel Phone Adaptor, Router/Modem) You (The Customer) will not earn any interest on any deposits or other payments held by us. If your Service is terminated, we will apply any deposits or other payments against the outstanding final balance on your Account.

 

Your first invoice may include certain one-time fees or charges (installation fee, shipping, deposit, rental fee and porting number fee, etc.). The regular service charge less than a month will be calculated on a pro rata basis of the number of days that service will be provided to you over the total number of days in the applicable billing period. You (Customer) will be responsible to make the first payment when your order is placed with Babatel. Your invoices will be sent via email. We do not send invoice by regular mail.

 

If You have provided a credit card or Visa Debit card number for automatic payment purposes, your credit card or Visa Debit card will be automatically charged on billing day of each month for the subsequent month’s service charge. If payment declined, a reminder email will be sent to you by email and we will try to notify you by phone. A second try of automatic withdraw will be done on 1st day of the next week. It is your responsibility to provide us with up to date credit card or Visa Debit card information and to ensure that your credit card or Visa Debit card company will accept our charges at the time of automatic payment.

 

 

Monthly Rental Fee/ Rent to Own


A Monthly Rental Fee is a fee charged to your account for none purchased Modem/Router device(s) that were supplied by Babatel to you for accessing the Internet Services. Unless otherwise specified, rental fees are charged for as long as you are using the rental modem/router devices in relation to internet service. A Rent To Own option allows customer to pay equal monthly payment for Modem/Router device(s) for a maximum of 12 months after which time you (The Customer) shall have the ownership of the equipment.


Term (Contract)


Unless otherwise specified or agreed to on the date of application, all Internet plans carry a Minimum One (1) Year (Term Contract) from the date of installation. The Minimum One Year (Term Contract) applies to accounts that: rents device(s); pays security deposit towards device(s); pays full device(s) retail value and/or Receives promotional discount. If You (Customer) cancel your internet service before the 12 months (Term Contract), an Early Cancelation Fee (ECF) plus 15% device(s) restocking fee will apply. The amount of ECF shall be determined at the time and date of the cancelation notice is received and will be applied to Customer’s account and invoiced to customer.


Rebate


We may provide you rebate of up to $50 at the end of 12 months period if you had paid $99 installation fee; did not cancel service during the first 12 months of service, and did not receive any other promotional discounts. In order to receive the rebate, your account should be in good standing. The $50 rebate credit will be applied to your account towards your 13th month’s invoice.


 

Rebate

 

We may provide you rebate of up to $50 at the end of 12 months period if you had paid $99 installation fee; did not cancel service during the first 12 months of service, and did not receive any other promotional discounts. In order to receive the rebate, your account should be in good standing. The $50 rebate credit will be applied to your account towards your 13th month’s invoice.

 

 

Internet Plans

 

All internet plan (DSL, FTTN and Cable) rates and charges are subject to change without prior notice at the sole discretion of Babatel. Babatel may offer you (customer) discounted plan rate for initial internet sign up and activation for a fixed period, after which time regular plan rate will apply. Unless otherwise agreed to in writing or posted on this website’s terms and conditions initial rates and offers are not permanent, and rates and fees may change when the service provider’s rates and fees fluctuates. An updated internet plan rates will be posted on this website.

 

 

Service Availability

 

Our Internet Service is available in Ontario and Quebec only in those areas to which the network of Bell, Rogers, Cogeco or Videotron is available. Service availability is also subject to the availability of appropriate facilities and is dependent on the availability of suitable technology at the location(s) at which you wish to obtain the Service.

 

The availability of high-speed Internet Service is dependent on the availability of suitable residential telephone lines/local loops and/or cable facilities supplied by other Carriers. The number of service connections per address may be limited. You acknowledge and agree that we shall conduct a preliminary geographical check upon your placing an order to determine if high-speed Internet Service is available in your geographical area

 

Equipment Warranty:


All equipment’s purchased from Babatel have warranty for 1 (one) year, except for (Certified Refurbished devices) which has warranty for 3 months from the date of purchase. The warranty does not apply to any physically abuse of the equipment, damage resulting from an accident, damage or due to modifications made by You to the equipment without Babatel’s prior consent.


Cancellation


The Internet Service may be cancelled by calling customer service or sending an email to csr@babatel.ca. A cancelation fee of $75 will be processed to your account. No cancellation fee applies if service is cancelled within thirty (30) days. Customer may also cancel the Internet Service within 7 days from the date of application without incurring any monthly charge. Shipping Fee, and installation fee will not be refunded and a 15% restocking fee will be charged for device (s). If customer rented the device (s), cancellation date will occur upon device return to authorized agent or to Babatel head Office by customer and Babatel will refund the security deposit upon return of the device (s), and if the device(s) condition is satisfactory upon inspection by the Babatel Head Office. If the device (s) purchased by customer, then account cancellation can happen on any date as requested by customer, and Babatel will refund the security deposit within seven (7) days.

You assume full responsibility to return all equipment leased to Babatel immediately upon cancelation and in good working condition. Billing will stop upon returning all equipment. If you fail to do so within 7 business days, you will be charged for the full cost of any equipment that was not returned to Babatel.

Babatel reserves the right to apply your deposit, without notice, to any unpaid balances, fees or charges. Any remaining balance will be sent to You within 30 days of the later of the service termination date and the return of the equipment to either authorized agent or Babatel Head Office.

 

You assume full responsibility to return all equipment leased to Babatel immediately upon cancellation and in good working condition. Billing will stop upon returning all equipment. If you fail to do so within 7 business days, you will be charged for the full cost of any equipment that was not returned to Babatel.

 

Babatel reserves the right to apply your deposit, without notice, to any unpaid balances. Any remaining balance will be sent to You within 30 days of the later of the service termination date and the return of the equipment to either authorized agent or Babatel Head Office.

Seasonal (temporary) Suspension


You (Customer) may request to suspend your entire Internet service temporarily for a period of (maximum two (2) months) at the rate of $30 a month and A $25 reactivation fee plus tax will be applied. If You (Customer) choose to suspend internet service for a period exceeding two (2) months, service may be cancelled and new installation fee may be required. You (Customer) are required to inform Babatel (5) Five days in advance in writing to confirm your internet service reactivation date and must pay for the first month of service. Failure to comply with this provision, your internet service will not be reactivated and may be cancelled in which case a new installation fee may be required to reactivate your internet service.

 

Limitation of Liability


The Services are provided "as is". Babatel makes every effort to provide high quality service, but does not guarantee that the performance or availability of the Services will satisfy your needs or expectations. In the event of a problem with the availability or performance of the Services, Babatel will take the reasonable and necessary measures to resolve your issue, but does not guarantee it will be resolved within any limited time.

 

If the Services are interrupted for a period of 48 consecutive hours or more that the Services are rendered unusable, Babatel's liability shall be limited to crediting You for the period during which the Service(s) was interrupted on a pro-rated basis on the bill covering the period in question, except in the event the interruption was due to the intentional or gross fault of Babatel or its representatives.

 

Babatel shall not be responsible for service interruptions caused by Force Majeure events which include, but are not limited to such events as acts of God, terrorism, strikes, fire, war, riot, or government actions.

We cannot ensure or guarantee the privacy of any information you choose to transmit through use of the Service. Any such use shall be at your sole risk and the Babatel shall be relieved from all liability in connection therewith.

In no event shall Babatel, its officers, directors, employees, affiliates, agents or any other third-party provider who furnishes services to customer in connection with this agreement or the service be liable for incidental, direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to loss of data, loss of revenue or profits, or damages arising out of or in connection with the Customer’s use or inability to use the Services, including the inability to access emergency services at any time or from time to time, or any interruption or degradation of the services, except in the event the Customer’s inability to use Services was due to the intentional or gross fault of Babatel, or its representatives.

 

We recommend that you back up all existing files by copying them to another storage medium prior to the installation of the Equipment and Software required for any Service. We cannot guarantee that your personal computer will or can be configured to work properly with the Software or Services, and we cannot assist you with any such configuration issues. We assume no liability whatsoever for any damage to or loss of any software, files, data, or for any personal computer or other computer system warranty infringements due to Equipment or Software installation related to the Service. We assume no liability whatsoever for any damages or losses associated with any installation that you choose to do.

You undertake to hold harmless, guarantee and assume full responsibility for the defense of Babatel, officers, affiliates, employees and agents against any claim, action, proceeding or formal notice, including legal and judicial fees, in relation to any damages or regulatory proceeding that may have resulted from your negligence or your unlawful use of the Service or the equipment.

You will indemnify and hold harmless the Babatel from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by Babatel relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.

You will indemnify and hold harmless Babatel from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the Babatel relating to the violation of the Agreement by you or any user of your Account, or in connection with your or their use of the Services.

 

Speed Performance and Compatibility

 

In the case of Internet Service generally, speed is a function of many technical factors, some of which are not under our control. As such, we do not guarantee the maximum Service performance (i.e., throughput or speed) levels. You understand and agree that any content that you may access through the Internet Service may be subject to "caching" at intermediate locations on the Internet. Similarly, simultaneous use of high bandwidth applications (example, streaming media) by one or more (example, home networking) users may result in an experience that is slower when compared to a single application used by a single user.

You are responsible for the use and compatibility of the Services with any Equipment, Software, services and/or other materials not provided by us (hereinafter called the "Third Party Equipment and Services"). We disclaim all responsibility for determining compatibility between any Service and any Third Party Equipment and Services.

We do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

 

We do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.

 

Acceptable Use Policy

 

Customer undertakes to abide by the acceptable terms of use governing Internet access (see Babatel's Acceptable Use Policy).  Babatel 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.

 

You acknowledge and understand that when using home networking and internet service, that there are certain inherent risks (e.g. others may gain access to your system or your Services and Accounts).  Unless intentional, Babatel shall not be liable for any claims or damages related to home networking and internet access, even though the service may be provided, installed maintained or supported by Babatel.


Change in Telephone or Cable Service

 

If a change in your local service is requested from your local phone company or Cable Company, it is your responsibility to advise us of the changes as this could affect the Services you obtain from us.  This notification includes moves, regardless of whether your phone number changes.  Applicable moving/relocation charges relating to your services will be charged to your account.

 

Acceptable Use Policies

 

The Customer is solely responsible for use of the Services by any family member, friends, or any of its employees, officers, directors, agents and any other end user of the Services (collectively, the "End Users").  You are solely responsible to protect your passwords or any other security information from being accessed by others. 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").

 

Restrictions

 

 While using the Service, you may not:

 

 (a) post, transmit or otherwise distribute information constituting or encouraging 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, including but not limited to point-of-sales applications;

(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.

 

Babatel will not intentionally monitor or disclose any private e-mail message unless required by law.  Babatel 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

 

Content

 

You acknowledge that some content, products or services available with or through the Internet Service ("Content") may be offensive or may not comply with applicable laws.  You understand that neither Babatel nor any of its affiliates attempt to censor or monitor any Content.  You also acknowledge that neither Babatel nor any of its affiliates have any obligation to monitor your use of the Internet 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 Internet Service.  You assume total responsibility and risk for access to or use of Content and for your use of the Service and the Internet.  Babatel 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.

 

Babatel cannot guarantee privacy.  Your messages may be the subject of unauthorized third party interception and review.

 

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 Babatel's or a third party's network, data or information.   Users are unauthorized to monitor Babatel or third party's data, systems or network traffic.  

 

Change of Address or Service

 

It is your sole responsibility to advise us of the changes of address or telephone/cable service providers as this could affect the Services you obtain from us. This notification includes moves, regardless of whether your phone number changes or not, changes to your phone number, and any other changes that may occur to your local telephone or cable service. Any applicable cancellation and/or re-installation charges relating to your Services will be charged to your Account.

 

The Agreement is governed exclusively by and construed in accordance with the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province or territory

 

Opportunity to Review and Legal Representation

 

The customer acknowledges that it had ample time to read, understood and agrees to be bound by this terms and conditions of the use which is subject to change from time to time without prior notice to customer and an updated version will be placed on this website. Unless otherwise specified herein, this agreement constitutes the entire agreement between Customer (s) and Babatel with respect to the Babatel.ca Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between Customer (s) and Babatel with respect to the Babatel.ca Website.