Agreement on the Terms and Conditions Relating to Bravo Telecom’s Services
Between the undersigned
BRAVO TELECOM / IT2IS Inc ,
Legal society, which head office is located
at 6001 Jean-Talon East, Montreal,
Québec, H1S 1M5.
designated as the “ Provider”,
On one side
Address : #Address#
Email : #Email#
Tél : #Phone#
Mobile Phone : #CellPhone#
Designated as the “Client”,
On the other side
After your subscription online/ by phone, we submit you the details of your order for approbation:
Last revised: 12 -7-2016
Preamble (this preamble is an integral part of this agreement):
Please read this document carefully. This is a legally binding contract between you and Bravo Telecom.
First, you acknowledge and warrant that you are of the age of majority and therefore you have the capacity to enter into this contract with Bravo Telecom.
The following terms and conditions are applicable to the services covered by this agreement; to the extent of any inconsistency between the provisions thereof and the applicable rules issued by the CRTC, the latter will prevail.
The updated version of these terms and conditions can be found on the Bravo Telecom website at: www.bravotelecom.com or is available by calling the customer service number 514.227.4647.
The Agreement will enter into force upon the signature of this form and remains in force until terminated by one of the parties in accordance with the Agreement, regardless of the customer’s use of the service.
If the Agreement was signed for a fixed term and if the customer does not request to roll over the subscription for another period longer than 60 days, the agreement will be renewed at maturity for an indefinite term at the then-current rate, and the Customer may at any time, upon payment of the monthly Service fees, if applicable, terminate the Agreement.
Changes made to the previous convention:
The Customer acknowledges and agrees that Bravo Telecom may change from time to time, each of the clauses in the Agreement, including the monthly service fees and flat rates, options and excess use as well as the nature of Services.
Bravo Telecom will send the Customer via the email address provided, a 30-day notice before the amendment enters into force.
The Customer may refuse the amendment and terminate the amended Agreement, within 30 days following the notification, subject to payment of amounts due for the use of the Service until the termination date. If the Customer shows no objection within the periods agreed upon, the Customer will be deemed to have accepted the amendment.
Payment methods for Services:
By using a credit card, direct debit from a bank account or another payment method, the Customer expressly authorizes Bravo Telecom to bill that card, that account or by any other payment method for every agreed access cost. If the Customer uses a credit card, direct debit from a bank account or another payment method and Bravo Telecom does not receive payment from the card issuer, the financial institution or their agent banks or through the other payment method, as applicable, the Customer agrees to pay all amounts due upon overdue payment notification by sending an email to the email address provided by the Customer, and at the latest within seven days, failure to do so will result in suspension of benefits; it will be borne by the customer and the service will be reactivated after payment of charges due.
Section 1 - Definition
For the purposes of this Contract, the following definitions apply:
1.1 Your address: the address where the equipment is located and where the Services are provided.
1.2 You: a natural or legal person who obtains one or some services for personal or professional purposes.
1.3 Equipment: the equipment or software that is provided, lent, leased or sold by Bravo Telecom.
1.4 Service: the Internet or VoIP telephony access service offered as part of this contract supports a single Internet connection. And Bravo Telecom cannot in any case guarantee a constant maximum connection speed: it is rather an intermittent and interactive use.
1.5 Overconsumption: exceeding the bandwidth threshold set for the package selected by the customer.
1.4 Price: the price or monthly fee payable for the Services offered by Bravo Telecom.
1.5 Carrier: Any other third party owner of a network through which Services are provided,
1.6 ITMP: Internet Traffic Management Practices
1.7 Compensation: Failure to return the leased or loaned equipment, 15 days after the date of termination of the agreement, the customer authorizes Bravo Telecom to charge for the compensation corresponding to the price of the equipment provided.
1.8 UTC : undetermined time contract
1.9 DTC : Determined time contract
Section 2 - Terms and conditions related to the service provided
Services covered by this Agreement are strictly for the Customer’s use and the Customer remains responsible for this use.
2.1 Abuse management
You further agree to comply with the whole Bravo Telecom’s policy with regard to the Service (including, but not limited to, the abuse management policy)
● You agree to provide complete, accurate and up-to date information about yourself, in accordance with the subscription process and to continuously update this information if necessary to keep it true and complete.
● You agree that Bravo Telecom will not be responsible for obligations and expenses related to any violation arising from this agreement or your use of the Service or its use by any other person using your account.
● You hereby agree to release Bravo Telecom from all obligations in this regard. In addition, you agree to notify Bravo Telecom of any unauthorized use of your password or account.
● You also agree that the residential Service can only be used by you and the members of your household and you cannot transfer or provide others such as neighbors and co-tenants with your password and your user name.
● You release Bravo Telecom from any responsibility for damages resulting from any interference and/or interruption of your alarm system.
2.2 Your obligations and responsibilities
By using Bravo Telecom’s services, you consent, especially not to:
● libel, abuse, harass, track or threat others or violate in any way whatsoever others’ legal rights, including in particular minors’ rights and rights of privacy and publicity with respect to the image.
● post, transmit, link to or distribute, in any way whatsoever, inappropriate, profane, defamatory, fake, obscene, indecent or unlawful content or information;
● post, transmit, link to any software or information containing viruses or other harmful or disruptive component. In addition, you agree, including, without limiting the foregoing, not to display or distribute illegal content, including child pornography or other slanderous, obscene, hateful, threatening, racist, ethnically-offensive or defamatory contents which are reprehensible per se, or encourage in any way whatsoever, conduct that would constitute a wrongful act;
● use email service to post, transmit or facilitate the creation or distribution of chain letters, spam or any other unsolicited multiplier messages, such as surveys, contests and pyramid schemes. In addition, you should not falsify logos or manipulate in any way whatsoever the identifiers of any kind in order to conceal the origin of any content transmitted through the email service;
● Upload, post, publish, transmit, reproduce, link to or distribute, in any way whatsoever, information, documentation or software obtained through the intervention of the Service, or any by-product, which are protected by copyright or any intellectual property right, without the permission from the holder of such rights;
● Use the phone service outside Canada; if you access the Service or you use it outside Canada, you do so at your own risk, including the risk that such activity violates the laws or regulations of the country where you are located, and you remain solely liable for all these uses. You must ensure that access or use is legally permitted and that carrying of equipment in another country does not contravene export control.
You undertake to grant any duly authorized Bravo Telecom representative reasonable access, during regular business hours, to the places where the Services are or will be provided, as well as to on-site equipment, in order to install, inspect, repair, maintain equipment, ensure compliance with your obligations.
Section 3 - Bravo Telecom’s liabilities
Bravo Telecom will fulfill its obligations under this agreement with diligence and to the best of its knowledge; therefore Bravo Telecom is liable to:
● For interruption of services for technical reasons or for maintenance purposes, in case of interruption of basic services for a period of at least 48 consecutive hours, Bravo Telecom’s liability is to credit the price of the basic services for that amount of time.
- In case of disagreement, to execute any judgement made by a court, following the failure of an out-of-court agreement between Bravo Telecom and the client.
Section 4 - 911 Service
The Customer acknowledges, understands and agrees that:
● The VoIP service is not a traditional telephone service.
● The VoIP service and the 911 dialing service will not work in case of Internet breakdown and if the service is temporarily suspended for failure to pay subscription fees.
● The customer is responsible for the street address and the email address provided when the subscription was taken out and Bravo Telecom declines any responsibility if such information is inaccurate or not updated.
● The customer is required to inform all residents as well as guests, employees and others in the household who may be present at the physical location where the Customer uses the VoIP service, of the limitations and differences of 911 dialing from devices connected to the VoIP service, in comparison with 911 dialing from a traditional phone line.
● Bravo Telecom and its agents shall not be liable for any occurrence, damage or loss, and the Customer formally waives any claim or cause of action arising from or relating to the use of the VoIP 911 service.
Section 5 - Entry into force, term and termination of contract
● The Agreement enters into force as from the activation of the Service and remains in force until terminated in accordance with the terms of the Agreement by either party.
● If a Contract is entered into for a fixed term, it will be automatically renewed for an indefinite period at the rate then in force.
Section 6 - Termination of contract by the client
The customer can terminate the Contract.at any time and upon payment of the Price of the Services rendered and charges, if applicable.
- Determined time contract:
- When no economic benefits were granted to the client, the maximal compensation demanded by a client after the termination of a limited time contract before time, corresponds to : 50$ or an amount that represents at the most 10% of the price of the services expected to be used for the contract.
-If you terminate a Contract in consideration of which some economic benefit or a discount was granted to you upon subscription, you will have to pay the termination fee equivalent to the economic benefit specified in the Contract, minus the product obtained by multiplying this benefit by the fraction constituted by the period from the coming into force of the Agreement with respect to the total number of months stipulated in the Contract in question.
- Undetermined time contract :
In case of termination of contract by the client of an unlimited time contract, no compensation can be claimed.
- Return of the leased equipment: The equipment necessary to obtain the services must be returned in good conditions to the provider at the termination date otherwise the provider is in all right to claim the value of the equipment depending on the duration of its usage and the actual price of the equipment when the contract was concluded.
Article 7 - Termination of contract by the provider
- The provider can stop temporarily the services for perception at the client expense in case of late payment exceeding 7 days or terminate the contract after 15 days of non-payment.
Article 8 - Confidentiality
You acknowledge that VoIP calls and digital telephone services use, in whole or in part, public and third parties’ Internet networks to transmit voice and other communications and that these transmissions can be intercepted by other third parties.
Article 9 - Credit investigation, Personal Information and Confidentiality
● You hereby authorize Bravo Telecom and its agents to verify your personal financial situation by conducting a credit investigation with third parties. All personal information gathered by Bravo Telecom will be processed so as to ensure its confidentiality.
● You confirm that the personal information provided is accurate and that it can be used to manage your file (credit screening, billing, collection, etc. ....)
Article 10 - Privacy and Internet
As in the case of telephone calls made from a cellular or cordless phone, privacy of messages sent over the Internet, including VoIP calls, is not ensured. Although there are ways to conceal your identity when you communicate through the Internet, your anonymity is not guaranteed. Use of the Service is at your own risk.
Section 11 - Subscription Transfer
The subscription liability cannot be transferred without the mutual consent of the current account owner and the consent of the person on whose behalf the liability transfer will take place.
Article 12 - Payment
Order taking is subject to payment of the getting started kit: these upfront fees intended to cover connection and one-time set-up costs are only refundable subject to these two exceptions:
- When the address for the installation of the service requested by the customer is outside the areas served by Bravo Telecom.
- When Bravo Telecom is unable to install the service for the customer because of constraints mentioned by the carrier.
The equipment (modem, router, telephone adapter) required to connect to the internet service and phone depending on the type of package selected, can be
- Either purchased.
- Or subject to a refundable deposit at the end of the internet service contract; in the latter case the customer will have to pay for one or both devices, along with the monthly fee
- Or provided by the customer when it is compatible with the required standards, in this case, activation fees may apply.
Whether it is a fixed-term or open-ended contract, all Bravo Telecom’s services are prepaid (the customer is liable to pay the charges corresponding to the accruing period whether it is a monthly, semi-annual or annual period).
Once you have subscribed to the services provided by Bravo Telecom, you agree to pay charges, including all applicable taxes and you undertake to authorize Bravo Telecom to make direct debit withdrawals:
- Either from your bank account references of which must be provided upon the first order subscription.
- Or by charging to the credit card used upon the first order subscription.
Anyone other than Bravo Telecom may not solicit payment, directly or indirectly, for the use of its services, unless otherwise duly notified and stated to the customer in writing.
It is your sole and unique responsibility to provide financial information, upon the order subscription, on the website or by telephone under the guidance of one of Bravo Telecom’s sales agents; therefore Bravo Telecom can under no circumstance be held liable in case of proven use of fraudulent or stolen data.
You hereby acknowledge and agree that if your payment is refused or returned by your financial institution, for any reason whatsoever, your service may be subject to suspension, at the sole discretion of Bravo Telecom.
You agree to cover all costs due to recovery or to any legal action taken in order to settle your account in accordance with this Contract, including, if necessary, attorney fees and judicial and extrajudicial costs.
You also acknowledge and agree to immediately inform Bravo Telecom of any change in banking information or information relating to your credit card.
Article 13 – Facturation
- The billing date will be determined by the date of installation of the services.
- You agree to be responsible of the flat-rate of your contract and take full responsibility of the usage of your services by others.
- Any modification to the contract (addition or cancellation of a service or speed increase or decrease) made through the customer service by mail at: firstname.lastname@example.org or by phone at the following number: 514-227-4647 is an amendment to the present contract and the new rate will correspond to the current one.
- Moving fees :
- For each house moving, the client must notify the provider about the date of deactivation of the service, the actual address and the new installation date at the new address.
- The relocation is provided with the payment of the installation fees as mentioned on the form available in the client portal (that form must be signed by the client so that the provider can start the relocation process)
- Since the relocation of the services at the new address need a new appointment with a technician, the client must notify the provider at least 15 days before the installation date.
Section 14 - Economic ITMPs
Your subscription to Internet access services has a limit as to transfer rate of the data that can be sent and received on the Internet with regard to the selected package.
Additional charges of $ 1.00 / GB to a maximum of $ 50.00 per month will be billed for excess use of bandwidth.
Section 15 - Contract Amendment
You agree that Bravo Telecom may, at any time and occasionally, amend this services agreement, by posting notice of such amendment on its website and you agree to regularly check this website in order to be aware of amendments to the contract. If you continue to use the Service after a notice of such amendment has been issued, you will be deemed to have accepted this amendment.
If you do not accept an amendment to this contract, you must cease use of the subscribed Bravo Telecom’s Services.
Section 16 - Final Provisions
This contract will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein and will be construed in accordance with these laws. Furthermore, you irrevocably agree, for the purposes of this contract, to the exclusive jurisdiction of the courts of Montreal.