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"Direct-Dial" are calls that are made by You to another party where two or more parties are associated with the call and the connection is immediate and simultaneous.  For greater clarity, EuroTEL Canada does not consider calls to "chat" lines or any re-routed calls as direct-dial; - in such circumstances, an immediate connection or call is not made with another party or parties.

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"Services" are any and all of the residential and small business local and long distance voice services and related product offerings provided by EuroTEL Canada or Vanguard Telecommunications Inc.

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"EuroTEL Canada" means EuroTEL Canada or Vanguard Telecommunications Inc., as applicable.

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"You" means the subscriber to any Services including any person, firm, corporation or other entity that utilizes the Services. 

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You may use the Services for purposes as outlined in these Terms of Service, provided that You do so in compliance with these Terms of Service, all applicable laws and regulatory requirements.  You are responsible for paying all charges for the Services, including any access fee, monthly service charges, long-distance, data transfer, and other charges you may incur: (i) made using your telephones or telecommunications systems; (ii) made using any number or authorization code assigned to You, including any calling card number, toll free number assigned or selected by You or any other personal identification number assigned to You or selected by You; (iii) which are charged to your account (including without limitation, collect calls).  You are responsible for the security of your authorization codes, and access to your telephones and telecommunications systems.

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You have acknowledged that You are the person authorized to subscribe for the Services.  In the event of a dispute regarding your authorization to subscribe for long distance services, EuroTEL Canada will accept the local voice subscriber as the sole person so authorized.  Where EuroTEL Canada becomes your local telephone company but not your long distance telephone company, EuroTEL Canada may provide long distance services to You prior to activation by your long distance company, to ensure continued availability of long distance services.  Direct dialled long distance calls will be rated according to the savings plan determined by EuroTEL Canada, and You will be responsible for long distance charges incurred during this interim period.

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You may only use EuroTEL Canada's long distance savings plans for voice calls from your phones connected to a EuroTEL local service line, either residential or small office/home office.  Services are for Direct Dial usage only.  .  Services cannot be used for Internet connections, faxing or other data transmission or for long distance calls from your small office/ home office if that office is not located in your residence.

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Some Services may not be available in conjunction with other EuroTEL Canada residential and small business local and long distance voice services and related product offerings.

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Charges will commence as of the activation date for the applicable Services.  EuroTEL Canada will invoice You monthly for charges for the Services on the customary billing date, except that You may not be invoiced until the charges are $2.00 or more.  You will not be responsible for paying any charge for Services that is first invoiced more than 365 days after the date on which the charge was incurred.  You must pay amounts invoiced by the due date specified on the invoice, failing which You will be charged interest on outstanding past due amounts at the rate of 2% per month (24% per annum), or such other rate as EuroTEL Canada may set from time to time.  The invoice will include, and You will be responsible for paying, applicable taxes, interest on overdue amounts and charges for returned payments (this includes, but is not limited to, cheques, credit cards and pre-authorized debits) ($15.00 per returned cheque).

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Billing features and practices vary according to the Service(s).  Please see EuroTEL Canada's product information, visit our web site at www.eurotel.ca or call Customer Service at 1-888-443-3876 for additional details.

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EuroTEL Canada reserves the right to require payment on an interim basis, prior to the normal billing date in circumstances where there is an abnormal risk of loss, for example where You have incurred a significant amount of long distance or other charges, or in situations of suspected fraud.  In such cases, charges will be considered past due when the time period for payment as specified by EuroTEL Canada has lapsed.

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You must bring invoice inquiries and disputes to EuroTEL Canada's attention within 45 days of the invoice date or You will be deemed to have accepted the invoice as accurate in all respects.  EuroTEL Canada will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices.

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Where your Services are cancelled, either by You or by EuroTEL Canada, and there is an undisputed credit balance on your account, You may, between the 60th and 180th day after cancellation, require that it be applied to any ongoing or new Services provided to You within 180 days of the cancellation, or that it be refunded to You.  If You do not claim your credit balance within the 180 day period, it shall become the property of EuroTEL Canada, and any account credits provided by EuroTEL Canada will expire.  EuroTEL Canada reserves the right to charge a reasonable processing fee in connection with issuing refunds.

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EuroTEL Canada and those acting on its behalf reserve the right to examine your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to You.  Should EuroTEL Canada at any time consider a credit deposit to be insufficient, a further credit deposit may be required.  EuroTEL Canada will determine, at its discretion, how your deposit or other security will be allocated to satisfy outstanding amounts owed by You to EuroTEL Canada.  By subscribing to the Services, You authorize EuroTEL Canada and those acting on its behalf to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as EuroTEL Canada may reasonably request for this purpose.  Where You have provided a deposit and submitted a request in writing, simple interest, based on the monthly savings account rate of The Bank of Montreal will be paid on all sums retained on deposit.

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The minimum subscription period for local voice Services is one month commencing from the date the Services are activated, unless EuroTEL Canada stipulates a different minimum subscription period.  EuroTEL Canada reserves the right at its sole discretion to charge an activation and/or installation fees to new Local subscribers.

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EuroTEL Canada may at its discretion refuse to provide Services to You where:

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You must supply all facilities and equipment including, without limitation, all wiring inside your premises, and all telephone terminal equipment necessary to connect your facilities and equipment up to the demarcation point, which is the point where the local telephone company's facilities end, and your facilities begin.  EuroTEL Canada has no obligation to maintain or repair facilities or equipment leased or owned by You, however upon your request EuroTEL Canada may provide maintenance and repair service to your facilities and equipment.

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EuroTEL Canada, including its agents and employees, may, upon reasonable notice, make such inspections, tests and adjustments as it may deem necessary to investigate, modify, maintain or repair the installation or operation of the telecommunications network, equipment or facilities.  You must make such facilities and equipment available to EuroTEL Canada (including providing access to your premises) as may be reasonably necessary in the circumstances.  Upon request, EuroTEL Canada employees must show valid identification prior to entering your premises.

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EuroTEL Canada 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 telecommunications equipment, facilities or network, or for other technical reasons as may be required.

(1)

EuroTEL Canada does not guarantee uninterrupted operation of the Services, or of its equipment, facilities, connections or network.  Except with regard to physical injuries, death or damage to your premises or other property wholly caused by EuroTEL Canada's negligence, EuroTEL Canada's liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the Services, equipment or facilities, or for any other action or inaction of EuroTEL Canada, is limited to a refund of charges for the affected Services proportionate to the length of time the problem existed, upon request.  Under no circumstances shall EuroTEL Canada be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable.

(2)

EuroTEL Canada is not liable for:

(3)

EuroTEL Canada provides the Services to You as an independent contractor.  The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of EuroTEL Canada.  There is no express or implied warranty or condition, whether of merchantability, fitness for a particular purpose, or otherwise, with respect to any Services, product or equipment provided to You by EuroTEL Canada.  In subscribing for the Services, You obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.

(1)

You agree to indemnify and hold harmless EuroTEL Canada against all claims, including fees and expenses of counsel, resulting from your use (or the use by others with your explicit or implicit consent) of the Services, your codes, facilities or equipment, which causes direct or indirect damage or harm to another party or to the property of another.

(2)

If EuroTEL Canada's equipment or facilities are presently located at or are to be installed on property or premises occupied by You, but not owned by You, You warrant that You have the consent of the owner to place such facilities or equipment on the property or premises.  You agree to indemnify and save harmless EuroTEL Canada from any and all actions, causes of action, claims, actions or demands arising or resulting from any lack of such consent.

(3)

You must not use, in any manner or circumstances whatsoever, EuroTEL Canada's or Vanguard Telecommunications Inc.'s trade-marks, trade names, logos or designs, and You have no authority to act on behalf of any of these companies.

(1)

Without incurring any liability whatsoever, EuroTEL Canada may suspend or terminate any or all of the Services where You:

(2)

In the event of a billing dispute, EuroTEL Canada will not suspend or terminate your Services where:

(3)

For the situations in Section (1), EuroTEL Canada will provide reasonable notice to You stating:

If EuroTEL Canada has been unsuccessful in its attempts to contact You in relation to a proposed suspension or termination, EuroTEL Canada will proceed with the suspension or termination.

(4)

Notwithstanding anything contained herein to the contrary, EuroTEL Canada will not provide notice of a proposed suspension or termination:

(5)

In the event of a suspension or termination of the Services, all features and services, including emergency 911 service to the applicable telephone numbers will also be suspended or terminated.  A suspension or termination will not affect your obligation to pay any amounts owed to EuroTEL Canada either during or after the suspension or termination.  For local voice subscribers, if termination occurs during the minimum subscription period, You will be charged for the full month's charges.

(6)

If the Services were suspended or terminated for cause, including non-payment or for any of the reasons listed above, a reconnection service charge may be applied for reconnecting each line.  EuroTEL Canada cannot guarantee the availability or resumption of any previous telephone numbers following a suspension or termination of a telephone line.

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For local voice Services, EuroTEL Canada reserves the right to change telephone numbers assigned to You.  EuroTEL Canada will provide notice of such change to You indicating the date of such change.

(1)

a.        EuroTEL Canada permits You to cancel your Services or switch your Services to another provider at any time by contacting EuroTEL Canada's Customer Service at the number shown on your invoice.  You must call to cancel your services before switching to another provider.  You will be responsible for all charges incurred up to the effective cancellation date, which may be later than the requested cancellation date due to administrative requirements.  For local voice subscribers, if cancellation occurs during the minimum subscription period, You may be charged for the full month's charges.  If you

b.        You acknowledge that it is your responsibility to inform EuroTEL Canada of your decision to cancel any or all of your Services prior to switching to another provider.  If your services are switched away by another provider without You informing EuroTEL Canada of your decision to cancel prior to your cancellation, your services may be switched back to EuroTEL Canada by EuroTEL Canada without your knowledge.  This is done for the protection and convenience of You and EuroTEL Canada and as part of EuroTEL Canada’s efforts to combat a known problem in Canada’s telecom industry known as slamming.  If You have not informed EuroTEL Canada of your intention to cancel your services prior to their cancellation, You will be responsible for all charges incurred after you have been switched back to EuroTEL Canada.

(2)

The further statement of your right to cancel below is in accordance with legislation that may apply in your province of residence. 

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Without incurring liability, EuroTEL Canada may at any time and without notice to You, change, modify or terminate any plan or plan features, in whole or in part (including the rates or charges).  In the event of any such change or modification, You will be responsible for paying all charges incurred for use of the Services including any charges arising out of the change or modification.  In the event of a termination of a plan or plan feature, You will be responsible for paying all charges incurred up to the applicable termination date.

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EuroTEL Canada has created a Privacy Policy to protect your personal information.  Personal information is information about You.  It includes data about the EuroTEL Canada products and services You use and how You use them.  Personal Information does not include information listed in public directories or available through directory assistance, such as a your name, address, telephone numbers or electronic addresses.

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EuroTEL Canada collects personal information for some of the following reasons:

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EuroTEL Canada does not provide or sell personal information about You to any outside company for marketing or solicitation purposes, except with your explicit permission.  EuroTEL Canada does not use or disclose personal information for purposes other than those for which it was collected, except with your consent unless required by law, or in an emergency.

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Personal information is only retained as long as necessary or as required by law.  To offer better service, EuroTEL Canada may disclose your information on a confidential basis.  Please review our Privacy Policy to learn more about EuroTEL Canada's use of information.

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EuroTEL Canada's Privacy Policy means that You have control over your personal information and how it is disseminated.  You may remove your name from our third-party marketing lists at any time.  While these lists are meant to inform You of relevant and beneficial products, services or offers, it is your right to have your name removed on request.  You also have the right to refuse to provide personal information or withdraw your consent for its collection, with reasonable notice and subject to any legal or contractual restrictions.  However, You acknowledge that EuroTEL Canada's ability to provide service may be limited.

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You may review or obtain a complete copy of EuroTEL Canada's Privacy Policy to understand how your personal information is collected, used, disclosed and retained by our company by visiting our website at www.eurotel.ca/privacy.

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In addition to our Privacy Policy, EuroTEL Canada offers the following privacy enhancing features to provide You with greater control over your personal privacy.  For additional information on these features, please call our Customer Service at 1-888-443-3876. 

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EuroTEL Canada enforces all Canadian Radio-television and Telecommunications Commission rules on Automatic-Dialing Announcing Devices (ADAD) and unsolicited voice and facsimile calls made for the purposes of solicitation.  ADAD assist callers in making live or facsimile calls.  They can store or produce telephone numbers to be called to deliver a pre-recorded or synthesized voice message.

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Prohibited ADAD Use
The use of ADAD to make unsolicited calls for the purposes of solicitation is prohibited.  Prohibited calls include calls made to solicit on behalf of a charity, the use of ADAD messages to request that a called party hold until an operator is available (when the purpose of the call is to solicit), activities such as radio station promotions, or ADADs calls referring the called party to a 900 or 976 Service number.

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Permitted ADAD Use
ADAD calls are not prohibited where no attempt is made to solicit, however the following restrictions apply:

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Unsolicited Live Voice and Facsimile Calls
The same dialing restrictions that apply to ADAD apply to unsolicited live voice and facsimile calls made for the purposes of solicitation.

As well, persons placing unsolicited live voice or facsimile calls to solicit are to ensure that a Customer's request not be called again is respected.  The Customer's name and telephone must be removed from calling lists within 7 days of the request for unsolicited facsimile calls and 30 days of the request for unsolicited live voice calls.  A customer's "do not call" request must remain active for three years.

Professional calling organizations are to provide information with respect to itself as well as the person on behalf of whom the call is being made.

ADAD callers who violate the restrictions posed by the Canadian Radio-television and Telecommunications Commission could have their service terminated after two business days' notice.

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If you subscribe to EuroTEL Canada local service, Your telephone numbers may be published in the telephone directory for your area unless you make appropriate arrangements to have your telephone numbers removed from the directory (unlisted), and pay any corresponding service charges when due.

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In the case of errors or omissions in the directory listings, whether or not the error or omission is with regard to telephone numbers, individual names or business names, EuroTEL Canada's liability with regard to any such errors or omissions is limited to a refund or credit of any charges associated with the listings in question for the period during which the error or omission occurred.

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The Wire Care service is only available to EuroTEL Canada Local Service subscribers.

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Benefits
EuroTEL Canada's Wire Care Maintenance Plan covers the following:

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Restrictions
The following services are not covered by EuroTEL Canada's Wire Care Maintenance Plan:

The following conditions apply to EuroTEL Canada's Wire Care maintenance plan:

Inside wiring and jack repair services will be performed during EuroTEL Canada's regular business hours.  (Mon.  to Fri.  9 a.m.  - 5 p.m. local time)

The Wire Care maintenance plan will be billed monthly and will start on the date appearing on your first bill following enrollment.

The Wire Care Maintenance Plan is a minimum 12-month program.  Customers who cancel the Wire Care Maintenance Plan prior to the end of the initial 12-month period will be charged a lump sum representing the aggregated total of all monthly charges for the months remaining in the initial 12-month period.

If You cancel the Wire Care Maintenance Plan after the initial 12-month period, no cancellation fee will apply and the monthly charge for the month during which cancellation occurs will be prorated.

Termination will take effect 24 to 48 hours following verbal notice.  You must contact EuroTEL Canada in order to cancel your coverage.

After the initial 12-month period, the Wire Care Maintenance Plan will continue to be provided under the same terms and conditions until modified or terminated by EuroTEL Canada or terminated by You.  EuroTEL Canada reserves the right to increase the monthly fee charged for the Wire Care Maintenance Plan at any time.

The Wire Care Maintenance Plan is limited to a single line and a single telephone number.  Wire Care is not transferable to a new telephone number.  If You change your telephone number at anytime Wire Care will be canceled along with your old telephone number.  If You still wish to subscribe to the Wire Care Maintenance Plan You must subscribe to the service with your new telephone number.  This will constitute a first time enrolment and therefore be subject to the initial 12 month term conditions.

Wire Care covers one individual line only and not all lines under one account.  Each line subscribed to must have individual coverage by Wire Care.

EuroTEL Canada's total liability arising out of or in connection with the Wire Care Maintenance Plan and your exclusive remedy is limited to the amount You paid for the Wire Care Maintenance Plan over the previous 12 months.  Under no circumstances will EuroTEL Canada be liable for any indirect, incidental, special or consequential damage, such as, but not limited to, loss of profits, data or expected savings, even if EuroTEL Canada was advised of the possibility thereof.

EuroTEL Canada reserves the right to charge additional fees and/or terminate the Wire Care Maintenance Plan if EuroTEL Canada determines that a customer is acting in an abusive manner, is not fulfilling his or her obligations under the Wire Care Maintenance Plan or is not paying the monthly fee when due.

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Provision of 911 Access
As a local subscriber, You will receive access to emergency services through the 911 Service Provider that connects EuroTEL Canada's dedicated trunks to the municipality's Public Safety Answering Point.  The emergency 911 fee charged by the municipality may be billed each month as part of your monthly charge for basic services, or may be billed directly by the municipality.

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Hearing Impaired Assistance (Hearing Impaired Assist)
As a local voice subscriber, You will receive Hearing Impaired Assist 24-hours a day.  Hearing Impaired Assist operators are available to assist You in placing calls to or from persons who use a TTD (telecommunications device for the deaf) machine.

Hearing Impaired Assist enables hearing customers to communicate with deaf, hard-of-hearing, and speech impaired customers by relaying messages between TTD's and conventional phone users.

The surcharge for sent paid calls will not be applied to local Hearing Impaired Assist calls.  Hearing Impaired Assist callers will also be charged a lower rate (the automated operator rate) for live collect and bill-to-third calls.  The charge for this service will be billed each month as part of your monthly charge for basic services.  Long-distance charges will apply, where applicable.

Specialized Operator Service staff relay messages word for word and are not permitted to disclose this information to anyone else.

To communicate with customers who are speech-impaired, deaf or hard-of-hearing a subscriber may call them directly using a TTD.  If the subscriber needs to place a call through the Hearing Impaired Assist operator:

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You may contact our Customer Service for information, inquiries or concerns regarding the Services, or other EuroTEL Canada services or products, your account or any other matter relating to EuroTEL Canada at 1-888 443-3876.

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You may also write to EuroTEL Canada at:
EuroTEL Canada
49 Niagara St.  2nd Floor
Toronto, Ontario
M5V 1C2

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You may also email EuroTEL Canada at: service@eurotel.ca

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These General Terms of Service are binding on You and on EuroTEL Canada 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 EuroTEL Canada's prior written consent.  These General Terms of Service shall be governed by the laws applicable in the province of your billing address.  From time to time EuroTEL Canada may partner with outside companies to provide other services to You, our customer.  Please note that the Terms of Service, including pricing, for these partnerships may vary and may be changed without notifice.  These General Terms of Service are available in French at your request.  Les présentes Conditions Générales sont disponibles en français sur demande.

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Note: Product names and terms used throughout these General Terms of Service are registered or pending trade-marks of, or are licensed by, EuroTEL Canada, Vanguard Telecommunications Inc., or their affiliates.