Thank you for selecting ACN BusinessTalk, a local, long distance, and/or international telecommunications service (the "Service" or "Services") offered by All Communications Network of Canada Co., with offices located at the following address: P.O. Box 720, Station B, Montreal, Quebec, H3B 3K3 ("ACN").
These customer Terms & Conditions (the "Agreement") are between you ("you" or "customer") and ACN ("we" or "us") for the use of the Service. You must enter into this Agreement by selecting the checkbox under terms and conditions and clicking the "Continue" button during the online registration process in order to use the Service. If you do not affirmatively agree to be bound by the Agreement online by selecting the checkbox and clicking "Continue" during registration, you will not be permitted to continue with the registration process. You understand that by selecting the terms and conditions box, or any button or link required during the sign-up process, you approve of the text preceding, and are entering into a legally binding agreement with ACN. You hereby agree to the use of electronic communication in order to enter into contracts and to place orders, and agree to the electronic delivery of notices, policies and records of transactions initiated or completed with respect to the Service. You further waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable law, which require an original (i.e., non-electronic) signature or delivery or retention of non-electronic records. You confirm that you are entering this Agreement for business and commercial purposes and that, at all times, the Service will be used primarily for its business operations. You acknowledge that ACN would not have entered into this agreement but for
your confirmation that the Services will be mainly for business and commercial purposes.
If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age, and you are under such age limit, you may not enter into this Agreement or use the Service. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the Service, you may not enter into this Agreement and you may not use the Service. By entering into this Agreement, you explicitly state that you have verified in your own jurisdiction that your right to enter into this Agreement and use of the Service are allowed.
1. Customer responsibilities
2. Customer right to cancel
3. Credit and deposit information
4. Billing information
5. Changes to Service by ACN
6. Term & Termination of Service
7. Blocking of Service
8. Line Protect terms and conditions
10. Limitations of Liability, Indemnification, and No Warranty
11. Governing Law
12. Dispute Resolution and Arbitration
13. Class Action Waiver
14. Miscellaneous provisions
15. Contact information
BY ENROLLING IN, USING, OR PAYING FOR ACN'S SERVICES, YOU AGREE TO THE RATES, CHARGES, TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT USE ACN'S SERVICES, AND IMMEDIATELY CONTACT ACN CUSTOMER CARE. ACN WILL TERMINATE YOUR ABILITY TO MAKE CALLS USING OUR SERVICE; IT IS YOUR RESPONSIBILITY TO MAKE ARRANGEMENTS TO SWITCH TO A NEW TELECOMMUNICATIONS PROVIDER FOR CONTINUED TELECOMMUNICATIONS SERVICE.
The Services covered in this Agreement are subject to availability and may not be available in all locations. For purposes of this Agreement, "you" means the customer or subscriber, defined as either (i) the person identified in ACN's account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the Service(s). ACN will assume that any person able to provide your name, address, password, and/or other information that is not publicly available, is authorized by you to receive information about, and make changes to your account, including adding new services.
1. CUSTOMER RESPONSIBILITIES
A. You are responsible for complying with the terms and conditions of this Agreement. You are responsible for assuring that all others using your Service, with or without your permission (each, a "User") comply with the terms and conditions of this Agreement. You may not use ACN's Services for any unlawful purpose.
B. You are responsible for payment of all charges for Services furnished to you by ACN including but not limited to: the network and/or system access fee, monthly Service charges, long-distance and other charges you may incur: (i) made using customer telephones, (ii) made using any number or authorization code assigned to customer, including any calling card number, toll free number assigned or selected by customer or any other personal identification number assigned to customer or selected by customer; (iii) which are charged to customer account (including without limitation, collect calls or long distance calls made using a 'dial-around' service). Customer is responsible for the security of customer's authorization codes, and access to customer telephones and telecommunications systems. You agree to pay all applicable rates and charges for such services, which includes rates and charges for particular types of calls, monthly fees and/or minimum charges, taxes and other surcharges. You are responsible for preventing unauthorized use of your Services, and you are responsible for payment of any such unauthorized use. Your responsibility for payment is not affected by any use or misuse of your Service by any third parties. In particular and without limitation, you are responsible for any and all charges incurred as a result of: (i) any delegation of authority resulting in the placement of calls using ACN Services; (ii) any and all use of ACN Services provided, including calls which you did not individually authorize; and (iii) any calls placed by or through your equipment via any remote access feature.
C. You are responsible for paying all taxes and other surcharges billed in connection with your Services. Unless you can adequately document to ACN's satisfaction, that you are exempt, taxes and surcharges will be assessed in the amounts that federal, provincial or local authorities require ACN to bill you.
D. 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. ACN has no obligation to maintain or repair facilities or equipment leased or owned by you, however upon your request ACN may provide maintenance and repair service to your facilities and equipment at a cost to be borne by you.
E. For ACN's Line Protect Service, ACN, or its subcontractors must have, at no charge to ACN, reasonable access to your premises and electrical outlets to diagnose and repair inside wiring problems. Inside wire repairs will not be performed if ACN determines that it is inadvisable to perform the work due to conditions at the customer premises that impede safe and/or reasonable access to the repair area. ACN will try to schedule a mutually convenient appointment and requires that a person, at least the age of majority for the province in which the premise is located, is present at the time of the scheduled appointment to authorize access to your premises as well as work to be performed.
2. CUSTOMER RIGHT TO CANCEL
You may terminate your Service by calling ACN Customer Care at 877-226-1010 or give notice of cancellation at the address below. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or by personal delivery. The cancellation takes effect on the sending of the notice or the date specified in the notice. If you wish to terminate this Agreement during the Initial Term an early termination fee will apply in the amount of $300 which will prorate down based on the remaining months of your contract. The early termination fee is a genuine and reasonable estimate of damages suffered by ACN as a result of your early termination of ACN Services and is not a penalty.
ADDRESS FOR NOTICE: ACN P.O. Box 720, Station B, Montreal, QC H3B 3K3
3. CREDIT AND DEPOSIT INFORMATION
You give ACN permission to obtain your credit information from consumer credit reporting agencies at any time for the purposes of verifying your identity and to obtain any credit or other information required to confirm your identity and credit acceptability so that ACN may provide you with telecommunication services. If your telecommunications payment history is not acceptable or is unknown or indeterminable to ACN, ACN may require you to provide some form of security to obtain its services. Security may be provided in the form of a Pre- Authorized Payment (PAP), where a customer provides ACN written authorization to directly debit a credit card or chequing or savings account for charges incurred. Other forms of security may be accepted at ACN's sole discretion. ACN determines security requirements based on the following criteria:
New Applicants - If an applicant cannot provide evidence of a recent, satisfactory payment history with a telephone utility under the applicant's name, a form of security may be required.
Existing Customers - An existing customer may be required to secure their account if they have been delinquent in payment of their account more than twice within a twelve month period or have been suspended or terminated for nonpayment once within a twelve month period.
Applicants for ACN Service(s) may be subject to credit review, as allowed by law. By requesting that Service be initiated, you authorize ACN to check credit scores, and to request from consumer reporting agencies information regarding employment, credit history, past addresses, and in the event it becomes necessary, to recheck such information. If you believe that ACN has reported inaccurate information to a consumer reporting agency, you may send us a written notice describing the specific inaccuracy. Depending upon the results of the investigation, ACN may/or may not request that said alleged inaccurate information be removed from your credit history.
4. BILLING INFORMATION
A. ACN determines the design and the format of the bill and the billing period and we may change these items from time to time and without notice to you to be effective after the date of the change. All charges, fees, taxes, and surcharges are billed in advance meaning that these charges for Services will normally be collected in advance of the billing period. When you initially subscribe for your Service, ACN will charge then for the first month of Service(s) and make any necessary adjustment on the first or subsequent invoice, prorating the monthly recurring charges based on the actual activation date. We will bill in arrears all usage-based charges and any other charges which we determine are due.
B. Usage charges for Service are based upon the total time that you use ACN Services, subject to applicable billing increments and any additional charges that may apply. Usage begins when the called party picks up the receiver, as determined by hardware answer supervision. Chargeable time ends when either party hangs up, thereby releasing the Service connection. Each call completed will have an initial minimum charge of at least one minute, unless a different billing increment is specified in the rate plan, and any time beyond that will be billed in additional one minute increments, rounded up to the next whole minute, unless a different billing increment is specified in the rate plan. Billing increments are determined by ACN. In addition, if the call charges include a fraction of a cent, the fraction is rounded up to the next whole cent.
C. You will be charged up to a $20.00 returned cheque charge on all cheques issued to ACN which are returned by your bank for non-sufficient funds. If the law of the province in which you receive Service requires a different fee, ACN will charge you that amount. Cheques returned by your bank will be charged electronically to your chequing account through the ACH Network for the face value of the cheque and are subject to the additional returned cheque charge that will also be charged electronically to your chequing account. At ACN's sole discretion, the returned cheque charge may be waived under appropriate circumstances (e.g. a bank error).
D. Any objections to billed charges must be reported to ACN or its billing agent within twenty (20) days of the closing date printed on your billing invoice. Adjustments to your account shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate.
E. A Late Payment Fee of up to $5 or monthly interest of 1.5% (19.56% per annum), whichever is greater, will be charged on any past due balance. If the law of the province in which you receive Service requires a different fee, ACN will charge you that amount.
F. If ACN hires a collection agency to collect, or attempt to collect, any charges owed ACN, you may be liable to ACN for an additional payment to recover additional administrative costs, where permitted by applicable law. If ACN incurs any fees or expenses, including legal fees, in collecting, or attempting to collect, any charges owed ACN, you will be liable to ACN for the payment of all such fees and expenses reasonably incurred. Please note that this provision does not apply to Quebec.
G. You must notify ACN of any change in your invoicing address, or if applicable, in the credit card or chequing or savings account used for payment, by calling or writing to ACN Customer Care. Please include your account number with any correspondence.
H. ACN Billing adjustments policy: If it is determined that you were overcharged for Services, or billed for incorrect numbers dialed excluding incorrect numbers dialed to your toll free number, appropriate credits shall be posted to your account. The period for inquiries regarding a billing error is 3 months from the date the bill was issued. These credits are not redeemable for cash. If it is determined that you were undercharged for Services, or that we failed to bill for Service, you may be back-billed for the amount that was under billed. Service may be disconnected if you fail to pay charges arising from the under billing.
I. Complaint and dispute resolution: If you have questions or concerns about your bill from ACN, please call ACN Customer Care. ACN will not disconnect your Service for failure to pay any disputed charges until we determine that the charges are considered accurate. If you file a complaint with the Canadian Radio-television and Communications Commission (CRTC) or the Commissioner for Complaints for Telecommunications Services Inc. (CCTS) about your bill, we will not suspend or disconnect basic local telecommunications Service for non-payment of the disputed charge until a decision is rendered by the CRTC or CCTS. However, you are obligated to pay any undisputed portion of your bill in a timely manner and normal collection policies will apply to any undisputed amounts.
J. You are responsible for, and shall pay, any applicable federal, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of any such taxes, you must provide ACN with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date ACN receives such valid certificate.
5. CHANGES TO SERVICE BY ACN
A. ACN may change the rates, charges, terms and conditions of your Service upon at least thirty (30) days advance notice to you, as set forth in this Agreement. Notice of any such changes will be effective when posted on ACN's website or communicated via bill message or bill insert prior to the effective date of the change, and any such future changes are hereby incorporated by reference into this Agreement. ACN may decrease the rates and charges for its Services without any advance notice. Any increase in the rates and charges for your Service will become effective only after ACN notifies you 30 days in advance of the change in a manner described above. ACN will not provide you with advance notice of changes to taxes and surcharges, except as required by applicable law.
B. If you continue to subscribe to, use or pay for ACN's Services after any changes in the rates, charges, terms and conditions of Services, you will be deemed to have accepted such changes by such use, as allowed by law. You will continue to be responsible to pay for all Services.
C. Customers do not have any property rights in telephone numbers assigned to them. ACN may change such numbers, provided it has reasonable grounds for doing so and has given reasonable advance written notice to the customers in question, stating the reason and anticipated date of change. In cases of emergency, oral notice with subsequent written confirmation is sufficient.
D. ACN and its third party providers have the right to change its telecommunications network at any time. Because a customer's telephone service is located within a particular area of the network, changes to the network might mean that a customer will be placed in a different "Local Service Area", "Exchange Area" or "Base Rate Area". This might result in rate changes to the customer or a change to the customer's telephone number. Telephone numbers may also be changed for technical reasons or if different telephone numbers are designated to ACN by another authority.
6. TERM, AUTO-RENEWAL & TERMINATION OF SERVICE
A. The BusinessTalk Service shall begin on the date you select for your Service to be activated and will continue for an initial two (2) or three (3) year term ("Initial Term"). After the Initial Term, the Service will renew on a month to month basis. In the case of a cancellation prior to the expiration of the Initial Term, you shall be: (1) responsible for all applicable usage fees, prorated access charges, taxes, surcharges or other charges through the termination date; and (2) liable for all fees for the BusinessTalk Service up to the date of cancellation, plus an Early Termination Fee described in the Online Order Package on ACN's website, to which you agreed when you enrolled in the Service. You acknowledge that this Early Termination Fee is a liquidated damage and not a penalty and that the fees for BusinessTalk Service would be substantially higher but for this provision.
B. Termination by Customer. You may terminate this Agreement by contacting ACN Customer Service or sending written notice to ACN at any time. As stated in Section 4 A, monthly recurring charges are charged in full as of the first day of a billing cycle and to the extent permitted by Provincial law will not be pro-rated if service is disconnected prior to the end of that billing period. Additionally, you will be responsible for any usage-based charges and any applicable early termination fees that may apply to any services cancelled as described herein. Therefore if you subscribe to this Service bundled with High Speed Internet Service, and you decide to cancel your Local and Long Distance Services, your High Speed Internet Service will also be cancelled unless you are also a current ACN Digital Phone Service customer. Early termination fees may apply to the cancellation of the High Speed Internet Service pursuant to the terms of your agreement for the High Speed Internet Services.
C. Service Refusal, Suspension and Termination by ACN.
(i) ACN may, in its sole discretion and without liability, (a) reserves the right to relocate ACN equipment; (b) refuse to provide ACN Services to you;or (c) terminate or suspend the provision of any or all or any part of Service to you, for cause, due to any of the following: (1) you, or any authorized or unauthorized users (i) use ACN's Services in such a manner as to adversely affect ACN's Services to others; (ii) tamper with the Services of ACN; (iii) use the Services fraudulently or not consistent with your ordinary usage patterns established with ACN, or use the Services in or directed to high cost of service areas to an extent not supportable by your rate plan and fees for your Services. Whenever service is discontinued for fraudulent use of Service, ACN may, before restoring Service, require you to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use; (2) any order or decision of the CRTC or a court or other government authority having jurisdiction that prohibits ACN from furnishing such Services; (3) your breach or failure to comply with any part of this Agreement, including the AUP; or (4) non-payment or failure to maintain required security. Local Service will not be suspended or disconnected for non-payment of non-local charges. ACN may require reactivation charges to re-establish Service after suspension or disconnection. Upon disconnection, you are responsible for paying all amounts and charges that you owe.
If your Service is cancelled or suspended for any reason, you are still responsible for all outstanding charges for that Service, including payment of any bills that remain outstanding after the date of cancellation or suspension. In the event that ACN incurs any fees or expenses, including legal fees, collecting or attempting to collect, any charges owed to ACN, ACN may collect from you, as allowed by provincial law, all such fees and expenses reasonably incurred, including a Late Payment Fee on the unpaid charges.
(ii) ACN may, in its sole discretion and without liability, (a) immediately terminate any ACN Services and this Agreement by providing written notice and a final payment date for all amounts owed by you; and (b) require you to immediately return any ACN equipment provided in connection with High Speed Internet Services, in proper working order and good condition if (1) your payments are in arrears; (2) there is an institution by or against you of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of your debts; (3) you breach or fail to comply with any part of this Agreement, including the AUP; or (4) use of the Services is fraudulent or not consistent with your ordinary usage patterns established with ACN, or use the Services in or directed to high cost of service areas to an extent not supportable by your rate plan and fees for your Services.(iii) ACN may terminate this Agreement for any reason, provided at least 30 days written notice is given to you, including where ACN no longer offers the ACN Services to which you subscribe.
ACN will not disconnect Services on Saturday or Sunday.
7. BLOCKING OF SERVICE
A. ACN may, without prior notice, and consistent with applicable laws or regulations, block traffic to or from specific countries, cities, or NPA/NXX codes when ACN deems it necessary to take such blocking action to prevent: (i) the unlawful use of its Services; (ii) the use of Service in violation of this Agreement; (iii) non-payment for Service; or (iv) network blockage or degradation of Service to ACN's customers. Service will be restored as soon as it can be provided without undue risk to ACN and/or its customers.
B. ACN reserves the right to block, without notice, and without liability, any calling card code that ACN reasonably believes has been used for fraudulent purposes. ACN may also intercept calling card calls for the purposes of verifying customer information and avoiding fraud. ACN will unblock the calling card, or issue a new calling card upon request by an affected customer, as soon as ACN determines it can reasonably do so without undue risk.
8. LINE PROTECT TERMS AND CONDITIONS
A. Description of Services: ACN's Line Protect Plan is an optional service that can be purchased for each local phone line, where available, to protect ACN customers from unexpected charges associated with wiring and phone jack repairs within the customer premises. Coverage under the Line Protect Plan is limited to 3 site visits every 12 months by ACN (or subcontracted) technicians to the customer premises to perform covered repair work. Additional repair work authorized by the customer will be billed to the customer at the applicable hourly repair and site visit rates if agreed to in advance by the customer and ACN.
B. Subcontracting: ACN may subcontract the performance of repair service to a third party. In such event the third party contractor may be the party to contact the customer with regard to scheduling and the nature of work to be performed and shall carry out the work on behalf of ACN.
C. Ordering Information: By selecting the Line Protect Plan Option on your Service order form or contacting Customer Care, you may order the Line Protect Plan Option. Your payment of the Line Protect Plan charges on your next ACN bill constitutes additional evidence of your intent to add Line Protect Plan to your existing Service.
D. Line Protect Plan Effective Date: the Line Protect Plan will be effective 30 days after the order date.
E. Conditions not covered by ACN's Line Protect Service:
1. Problems that existed before you subscribed to the Line Protect Plan.
2. Upgrading existing wiring.
3. Damage to the inside wire caused by negligence of a contractor or intentional damage by you or a third party.
4. Damage to inside wire, caused by faulty equipment.
5. Installation of additional inside wire and jacks.
6. Repair of main line extension wire to unattached structures.
7. Repair of jacks located outdoors that are not attached to the exterior walls of your premises.
8. Repair of wiring for boat slips and special boat cords and jacks.
9. Conversion of hard wired phones to modular phone outlets.
10. Repair of telecommunications equipment (phones, fax machines, handsets, etc).
11. Requests to check for wire taps.
12. Wiring owned by a third party, other than the ACN subscriber.
ACN is committed to protecting the privacy of our customer information. We fully support the spirit and intent of Canada's privacy legislation - The Personal Information Protection and Electronic Documents Act (PIPEDA) and all CRTC rulings that protect the confidentiality of ACN's customers' information. Although ACN has always had information protection policies and procedures in place, the purpose of this document is to provide our customers with information on our current policies and procedures. In particular, this document will provide information about ACN's policy relating to the collection, use and disclosure of personal information and of our customer's right to limit such collection, use or disclosure. Personal information is any information that is identifiable about you, that may include information such as, but not limited to, your name, mailing or e-mail addresses, phone numbers, identification numbers, credit card numbers, and banking information. All personal information relating to our customers is maintained in strict confidence by ACN and is not sold to third parties.
You may have questions as you read this document. For further information about ACN or the protection of personal information, please contact ACN's Privacy Officer at ACN, PO Box 720, Station B, Montreal, Quebec, H3B 3K3 Attention: Privacy Officer, or by e-mail at email@example.com, or by telephone at 1-800-219-0143.
ACN has appointed its Privacy Officer as the person who will be primarily responsible for ACN's policies and procedures governing the protection of personal information. Our Privacy Officer may be reached at: ACN, PO Box 720, Station B, Montreal, Quebec, H3B 3K3 Attention: Privacy Officer, or by e-mail at firstname.lastname@example.org, or by telephone at 1-800-219-0143.
ACN collects personal information for a variety of purposes including processing your request for Services from ACN. Personal information is used to verify, process and administer your product and service requests, assess credit-worthiness, maintain our commercial relationship with you, and analyze, understand and respond to your service needs. ACN also analyzes and uses customer information to better improve the products that we offer to our customers. We analyze personal information relating to you in order to identify the products and Services offered by our affiliates or ourselves or by companies that we believe may be of interest to you and to offer you those products and Services. Where a third party or an affiliate of ACN has a product or Service that may be of interest to you, we will forward information relating to any such product or Service to you, unless you inform us otherwise, i.e. when you withdraw your consent to receive such information.
Personal information is also used in order to communicate with you, for billing and provisioning purposes, and to enable ACN to accurately report back to the credit bureaus. Generally, these purposes will be disclosed to you before your personal information is collected, e.g. on the Letter of Authorization (LOA) form. ACN does not sell, rent or lease personal information to third parties.
From time to time, ACN may outsource certain account processing, or other customer service functions to an affiliated company or a third party. In such cases, personal information will be provided to such affiliate or third party. However, ACN releases personal information only where that information will be maintained in confidence, based upon strict nondisclosure agreements with the third party. In the event that an affiliate or third party is located in the United States, your information may be processed and stored in the United States and as such, your information may be obtained by the governments, courts or law enforcement or regulatory agencies of the United States according to the federal and state laws of the United States.
From time to time, ACN is also required to report to regulatory bodies or to present a summary of all our customer information, including your personal information, in statistical or analytical form to governmental authorities and industry organizations. When information is provided in statistical or analytical form, this means that information that might specifically identify you will not be disclosed. Instead, your information will be compiled into aggregate (i.e. group) form such that the user cannot identify or extract out your personal information.
The knowledge and consent of a customer is required for the collection, use or disclosure of personal information, except where inappropriate. Examples of when this may occur, include but are not limited to, emergency situations, to prevent an illegal act, complying with a subpoena or warrant, or as required or permitted by law.
Consent is obtained either orally or in writing prior to collection, using or disclosing your personal information. ACN will determine the appropriate form of consent having regard to the nature and sensitivity of the information to be collected, used or disclosed. For example, ACN will seek explicit consent for more sensitive information, such as your bank account information, but may use implicit consent by asking you to tell us if you do not wish to receive information about our new products. Customers may withdraw consent to the collection, use and disclosure of information at any time by contacting our Privacy Officer. However, the withdrawal of consent to the collection, use and disclosure of information may affect ACN's ability to offer or provide, or to continue to offer or provide products or services to you.
All requests for local, long distance or other service with ACN require either a signed Letter of Authorization or phone order verification prior to ACN proceeding in any investigation, including the obtaining of credit information. As indicated in the Identifying Purposes Section, the conditions of applying for service with ACN are specifically addressed on all LOA's. When you apply for service from ACN we also need to use personal information for the purposes of facilitating the provision of service to you and for the purposes set out above.
The type of personal information that is collected may include:
- The customer's correspondence language preference, first, middle initial and last name, full mailing address, estimated long distance usage, date of birth, credit card number.
- Banking information to facilitate pre-authorized, or other, payments.
- Information that will assist and enable ACN to obtain a credit file, and report applicable credit information, from and to the established credit reporting agencies in Canada.
The personal information collected is limited to information that is necessary for the purposes identified above. Certain personal information may also assist ACN in obtaining a credit bureau report, to review and make a decision about the applicant's request for Service. Additionally, this information enables ACN to accurately report back to the credit bureaus, ensuring the credit reporting is applicable to the correct customer. Information that specifically would identify you, such as a date of birth, is also necessary in order to ensure that when we contact a credit bureau, we properly identify you.
Limiting Use, Disclosure and Retention
Personal information relating to customers may be shared with, and used or analyzed by, between or among ACN's parent, affiliates and authorized agents and Independent Business Owners with whom ACN has entered into a commercial agreement in order to develop our business, better serve our customers and with third parties for certain account processing matters. Information may also be disclosed in connection with ACN's corporate transactions or business. In each case, however, ACN will take steps to ensure the organization receiving the personal information will use and disclose the personal information for purposes to which you have consented and in a manner consistent with this policy.
ACN provides commissions to Independent Business Owners in accordance with ACN's marketing plan. Personal information relating to customers may be provided in connection with ACN's commissioning process.
Your personal information will be retained either in a file titled with your name at ACN Inc.'s corporate office located at 1000 Progress Place, Concord, NC 28025-2449. ACN retains personal information for only as long as necessary in order to meet the purposes for which the information was collected or for legal purposes. When personal information is no longer required, that information will be destroyed, erased, or made anonymous.
ACN continually strives to maintain as high a level of accuracy as is reasonably achievable. You have the right to request a change to your personal information records where you can establish that the record is inaccurate. Personal information is typically only updated in cases where we receive updated personal information from a customer or where required for business, financial reporting, credit reporting or other related purposes. In each case, ACN will update the information in our system upon receipt and verification, if necessary.
We have implemented physical, organizational, contractual and technological security measures to protect your personal information from loss or theft, unauthorized access disclosure, copying, use, or modification. Access to personal information within our computer system is available to all of our employees for the specific purpose of enabling us to properly service our customers and in connection with the purposes set out above. All employees (current and new) are required to sign a confidentiality of information agreement and are regularly reminded that personal information may not be disclosed except in accordance with this policy.
Personal information in hard copy (paper) form (such as a LOA) is held securely within ACN. Access to ACN's file storage room is granted to only a limited number of individuals who are also required to maintain the security of ACN's files.
ACN would be pleased to discuss this policy, and the steps that ACN has taken in order to ensure the protection of personal information. All customer inquiries should be directed to: ACN, PO Box 720, Station B, Montreal, Quebec, H3B 3K3 Attention: Privacy Officer, or by e-mail at email@example.com, or by telephone at 1-800-219-0143.
Requests for access to personal information should be forwarded, in writing, to the attention of the ACN Privacy Officer. As ACN carefully protects all personal customer information, requests for access must be accompanied by proof of identify. In the event the information provided is not sufficient to verify the identity of the person who has requested the information, our staff may require additional information to verify that access to personal information is only given to persons who are entitled to receive it. ACN may, for example, require information such as examples of telephone numbers the customer would have recently called, recent payments made to ACN and other relevant information as may be necessary.
Upon access, you may challenge the accuracy or completeness of the record. Disputes or concerns associated with access to personal information will be forwarded to ACN's Privacy Officer for review and resolution.
Should any individual, business or customers of ACN wish to challenge our compliance with respect to PIPEDA or ACN's measures to address the security of personal information, please contact the ACN Privacy Officer in writing at ACN, PO Box 720, Station B, Montreal, Quebec, H3B 3K3, or by e-mail at firstname.lastname@example.org, or by telephone at 1-800-219-0143. ACN's complaint resolution procedures will be made available upon request.
Privacy Enhancing Features
A. Call Display: Call Display provides subscribers with the name and number of the current or last incoming caller. Call Display also provides the date and time the call occurred. This feature requires a compatible telephone or display unit.
B. Call Display Block: Call Display Blocking allows subscribers to prevent their name and number from being displayed on a called party's display set. Instead of displaying the subscriber's name and number, only the date and time will be displayed with either "Private Name/Private Number, Anonymous, Blocked Call or Unknown" on the called party's telephone set. Call Display Block is available on a per call basis by dialing *67 before placing the call. ACN also offers automatic blocking of a subscriber's name and number from appearing on the called party's display set on all calls from the subscriber's telephone line. To arrange for this feature please call our Customer Care. A monthly charge will apply. This feature is free of charge to crisis lines, women's shelters, community health clinics, law enforcement agencies and victims of domestic violence.
C. Call Screen: Call Screen allows a user to reject those calls that are on the users' screening list. Subscribers to Call Screen may select up to 12 numbers from which they do not wish to receive calls. Incoming calls on the screening list receive a polite message informing the caller that the called party does not wish to receive the call.
D. Last Call Return: This feature allows the customer to obtain the telephone number, along with the date and time of the last incoming call, whether it was answered or not, from any telephone set in the house. Call Return is activated by dialing *69, a separate charge applies.
E. Call Trace: Before using Call Trace, instructions and/or authorization to do so should be obtained from the subscriber's police department. Call Trace allows subscribers who have received obscene or harassing calls to automatically trace their last incoming call, including the phone number, date and time of the call. ACN will only release the information to the police, upon request. The subscriber will be required to present proper legal documentation. To initiate Call Trace, dial *57 after answering the call and hanging up. A voice message will tell the subscriber if the call has been traced successfully. A charge will be applied for every Call Trace attempted. ACN enforces all CRTC 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.
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.
Permitted ADAD Use
ADAD calls are not prohibited where no attempt is made to solicit, however the following restrictions apply:
1. Permitted unsolicited ADAD calls must not be placed to emergency lines or healthcare facilities.
2. Unless otherwise provided by law, permitted unsolicited ADAD calls may only be placed between 9:30 a.m. and 8:00 p.m. Monday to Friday, between 10:30 a.m. and 5:00 p.m. on Saturday, and between noon and 5:00 p.m. on Sunday.
3. Permitted unsolicited ADAD shall begin with a clear message identifying the person on behalf of whom the call is being made. This message should include: i. a mailing address; and ii. a telephone number at which the called party can reach, at no charge, a responsible individual representing the originator of the message. If the actual message exceeds 60 seconds, the identification message must be repeated at the end of the call. Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the above requirements.
4. Permitted unsolicited ADAD calls must display the originating calling number, unless number display is unavailable for technical reasons. Alternatively, ADAD users may subscribe to alternate number display service and display another number at which the call originator can be reached. Sequential dialing is prohibited. Random dialing and calls to non-published numbers are allowed. An ADAD user shall make all reasonable efforts to ensure that their equipment disconnects within ten seconds of the called party hanging up.
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. 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. Each professional calling organization must 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 CRTC could have their Service terminated after two business days' notice. Subscribers may also visit the Canadian Marketing Association's Do Not Call Registry at http://www.the-cma.org.
10. LIMITATION OF LIABILITY, INDEMNIFICATION AND NO WARRANTY
A. To the fullest extent permitted by law, ACN's liability for damages arising out of mistakes, interruptions, omissions, delays, errors, or defects in transmission, which occur in the course of furnishing Service, will be limited to issuing a credit in an amount equivalent to the proportionate charge from ACN to you for the period during which the faults in transmission occur, but in no event shall ACN's total liability for any such transmission fault exceed $50.
B. ACN will not be liable for any claim or loss, expense or damage (including direct, indirect, special or consequential damage), for any interruption, delay, error, omission, or defect in any service provided, if caused by any person or entity other than ACN, or by any malfunction of any service or facility provided by any other carrier or vendor, by an Act of God, natural disaster, fire, war, civil disturbance, or act of government, or by any other cause of force majeure.
C. To the fullest extent allowed by provincial law, ACN will not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, or for lost profits or revenues, by reason of any act or omission in ACN's performance under this Agreement. This provision shall survive the termination of this Agreement.
D. ACN shall not be liable for any claim, loss or refund as a result of loss or theft by you of Personal Identification Numbers issued for use with ACN's Services.
E. To the fullest extent allowed by provincial law, with respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a Service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by ACN, ACN's liability, if any, will be limited to credit allowances for interruptions of Service as required by law.
F. E911: This service is offered solely and exclusively as an aid in handling assistance calls in connection with fire, police, and other emergencies. With respect to the routing of calls by ACN to public safety answering points or municipal emergency service providers, ACN is not responsible for any losses, claims, demands, suits or any liability whatsoever, whether suffered, made, instituted, or asserted by the customer or by any other party or person for any personal injury or death of any person or persons, and for any loss, damage or destruction of any property, whether owned by the customer or others, caused or claimed to have been caused by: (1) mistakes, omissions, interruptions, delays, errors or other defects in the provision of service, or (2) installation, operation, failure to operate, maintenance, removal, presence, condition, locale or use of any equipment and facilities furnishing this service. Further, ACN is not responsible for any infringement, nor invasion of the right of privacy of any person or persons, caused by or claimed to have been caused directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, occasion or use of emergency 911 service features and the associated equipment, or by any service furnished by ACN, including but not limited to, identification of the telephone number, address or name associated with the telephone used by the party or parties accessing E911 service, and which arise out of the negligence or other wrongful act of the customer, ACN, its users, agencies or municipalities, or the employees or agents of any one of them. When a customer with an unlisted or non-published telephone number places a call to the emergency 911 service, ACN will release the name and address of the calling party, where such information can be determined, to the appropriate local governmental authority responsible for emergency 911 service upon request of such governmental authority. By subscribing to ACN's Service, the customer agrees and acknowledges the release of the information described above and understands that E911 service is not as extensive as other 911 services.
G. Hearing Impaired Assistance (Hearing Impaired Assist): to the fullest extent permitted by law, with respect to ACN's offering of Hearing Impaired Assist, any service provided by ACN that involves receiving, translating, transmitting, or delivering messages by telephone, text telephone, a TTY (teletypewriter device), or any other instrument over the facilities of ACN or any connecting carriers, ACN's liability will not exceed an amount equal to ACN's charge for a one minute call to the called station at the time the affected call was made.
To communicate with customers who are speech-impaired, deaf or hard-of-hearing a subscriber may call them directly using a TTY. If the subscriber needs to place a call through the Hearing Impaired Assist operator:
- For TTY to Voice: dial 711
- For Voice to TTY: 1-800-855-0511
- For TTY to TTY: 1-800-855-1155
H. To the fullest extent permitted by law, with respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by ACN, ACN's liability, if any, is limited to the lesser of: (i). the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (ii). $50.
I. ACN is not liable for any damages arising from errors or omissions in the customer's white or yellow page standard listings.
J. ACN will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in ACN's offerings made to you, or for damages associated with Service, channels, or equipment that ACN does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities, or services such as alarm services or DSL that are interconnected with ACN's services.
K. Indemnification: You agree to defend, indemnify and hold harmless ACN, its officers, directors, employees, affiliates and agents and any other third-party provider who furnishes products or services in connection with this Agreement or the Service or Device (and, at ACN's option, either defend ACN and/or its service providers or pay ACN and/or its service providers cost of defense) from and against all claims, losses, damages, fines, liabilities, penalties, costs and expenses of any nature whatsoever ("Liability"), including reasonable attorneys' fees, related to or arising from: (a) the use of the Service by you or any User; (b) any violation of applicable laws, regulations or this Agreement by you or any User; (c) negligent acts, errors or omissions by you or any User; (d) injuries to or death of any person, and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct of ACN; (e) claims for infringement of any intellectual property rights arising from your or any Users' use of the Service; or (f) the absence, failure or outage of the Service, including but not limited to the 911 emergency response service accessible through the Services, and/or the inability of you or any User to be able to access emergency response center personnel, whether arising out of misrouting of 911 calls, your failure to provide ACN with accurate and up-to-date Service Address information or other information, your failure to follow activation procedures for 911 calling, or any other reason. This provision shall survive the termination of this Agreement.
L. No Warranties or Conditions: TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND ACN MAKES NO WARRANTIES, EXPRESS OR IMPLIED OTHER THAN THOSE SET FORTH IN THE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE OR THE DEVICE WILL MEET CUSTOMER'S REQUIREMENTS, PROVIDED. IN SASKATCHEWANT ONLY LEGISLATED WARRANTY PROVISIONS SHALL APPLY. WITHOUT LIMITING THE FOREGOING, ACN DOES NOT WARRANT THAT THE SERVICE OR THE DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER ACN NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, THE SERVICE OR THE DEVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO ACN'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S CONTENT, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ACN'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY ACNOR ACN'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
11. GOVERNING LAW
ACN is a federally regulated company and, therefore, this Agreement and all matters related to its validity, enforcement, construction, and performance are governed by the applicable federal laws and regulations of Canada, and only those provincial or territorial laws and regulations applicable to ACN in the province or territory in which your designated billing address as provided is located. The Agreement is subject to amendment, modification, or termination if such laws or regulations so require. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods are hereby excluded.
All information available at www.myacncanada.ca is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Services, Devices and publications are commercial in nature. Any materials copied or downloaded from this site for or on behalf of the United States of America, its agencies and or instrumentalities ("U.S. Government"), are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
12. DISPUTE RESOLUTION AND ARBITRATION
To the extent permitted by applicable law and unless otherwise agreed, any dispute or claim (whether based on statute, regulation, contract, tort, or otherwise), present and future, arising from or relating to the Agreement ("Dispute") shall be determined by final and binding arbitration. The arbitration will be conducted by a single arbitrator to the exclusion of the courts in the province or territory of your billing address as provided to ACN, in accordance with ACN's Dispute Resolution and Arbitration policy ("Arbitration Policy") as described in this Section 12, and the applicable arbitration legislation in effect in the province or territory of your Canadian billing address as provided to ACN. You and ACN both agree that arbitration is mandatory in order to resolve any and all Disputes.
If you have a Dispute arising from or relating to your Service, Device or invoice, or otherwise arising from or relating to the Agreement, please first call ACN Customer Service at the number listed in Section 15 below.
This Arbitration Policy applies to any arbitration between a customer and ACN or any of its subsidiaries or affiliates (collectively "ACN"). Either party to this Agreement has the right to initiate arbitration in order to reach the final resolution of a Dispute ("Claimant"). Upon receiving a written notice of arbitration ("Notice") from a Claimant, or upon issuing a Notice to a Claimant, ACN will ensure that the Claimant is provided with a copy of this Policy. Any Dispute must be brought within two (2) years after the date on which the basis for the Dispute first arises.
A. Notice of Arbitration:
i. All customer Claimants must send their Notice to the following addresses:
ATTN: Arbitration Notice
PO Box 720, Station B
Montreal, Quebec H3B 3K3
ii. ACN will send its Notice to your billing address, as provided to ACN.
B. CLASS ARBITRATION WAIVER. Each Dispute will be resolved on an individual basis. YOU AND ACN SPECIFICALLY AGREE THAT YOU AND ACN MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Agreement does not allow class or collective arbitrations. YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATVIE OR CLASS PROCEEDING ("Class Arbitration Waiver"). Notwithstanding anything else in this Section 12 Arbitration Policy, the validity and effect of the Class Arbitration Waiver may be determined only by a court and not by an arbitrator. You and ACN acknowledge that the Class Arbitration Waiver is material and essential to the resolution of any Dispute and is nonseverable from this Arbitration Policy. THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 12 ARBITRATION POLICY (but only the Section 12 Arbitration Policy) SHALL BE NULL AND VOID.
C. Selection of Arbitrator: The Claimant and ACN will take all necessary steps to ensure that the arbitration conducted pursuant to this Policy is heard and determined by a single, neutral, unbiased and experienced arbitrator. The arbitrator shall be selected by written mutual agreement of the parties; or upon either party's application to the Court in the jurisdiction of the Claimant's billing address seeking an order appointing an arbitrator if the parties are unable to mutually agree upon an arbitrator within fifteen (15) days after receipt of the Notice. In the event ACN initiates arbitration against a customer, nothing in this Section 12.C shall be interpreted to preclude ACN from acting as a Claimant.
D. Place of Arbitration: If the Claimant's billing address is in Canada, then the arbitration shall be conducted in the Province or Territory of the Claimant's billing address, in accordance with that Province/Territory's arbitration legislation and this policy. If the Claimant's billing address is outside of Canada, then the arbitration will be held in Ontario in accordance with the applicable Ontario arbitration legislation and this policy.
E. Procedure of Arbitration:
F. Representation of the Claimant: The Claimant may select any person to represent it in the arbitration.
G. Costs of Arbitration: Each party shall be responsible for paying its own arbitration costs and expenses, to the fullest extent permitted under applicable law.
H. Award of Costs:
I. Appeal Rights: The decision of the arbitrator shall be binding upon the parties, subject to the rights of appeal provided for in the applicable arbitration legislation in the jurisdiction in which the arbitration is conducted.
J. Amendment of Policy: ACN reserves the right to amend this Arbitration Policy from time to time. Any such amendment shall become effective either (1) upon the day of execution or posting of the Arbitration Policy amendment, or (2) prospectively to a specified date in the amendment. No amendment to this Arbitration Policy shall apply retroactively from the date of the change.
13. CLASS ACTION WAIVER. In the event any claim proceeds in court rather than through arbitration, for any reason, both you and ACN agree that such Dispute will only be resolved on an individual basis ("Class Action Waiver"). YOU AND ACN SPECIFICALLY AGREE THAT YOU AND ACN MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
A. Assignment and Transfer: You may not change any term of this Agreement. You may not transfer or assign this Agreement or the use of ACN Service without the express written consent of ACN. All terms and conditions of Service in this Agreement, as well as all rates and charges, will apply to all such permitted assignees or transferees. Such transfer or assignment, when permitted, shall only apply where there is no interruption of the use or location of the Service. ACN reserves the right, subject to any applicable law or regulation, to assign all or part of its rights and duties under this Agreement without notifying you. Upon such an assignment, ACN will have no further obligations to you.
B. There are no third party beneficiaries to this Agreement. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
C. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. In accordance with this Agreement, ACN reserves the right to modify the Service at any time to reflect any change required in order to comply with any governing law, applicable tariff or underlying network service or component affecting the Service.
E. Sections 4C through 4F, 6A, 6D, Section 11, Section 12, Section 13, and Section 14 of this Agreement shall survive termination of this Agreement.
15. CONTACT INFORMATION
Number of ACN Customer Service:
PO Box 720, Station B, Montreal, Quebec H3B 3K3
These Terms and Conditions may be published in a number of languages for information purposes and ease of access by customers. It is only the English version that is the legal basis of the relationship between You and ACN, and in case of any discrepancy between a non-English version and the English version of these Terms and Conditions, the English version shall prevail.