Mobility Terms of Service - Business

Please read the terms of services below

THIS CONTRACT, (the "Contract") for Wireless service (the "Service") is between the party whose name appears at the bottom of this Contract (the "Customer") and the Tbaytel Municipal Service Board, hereinafter called Tbaytel, located at 1046 Lithium Drive, Thunder Bay, Ontario, Canada, P7B 6G3. THIS CONTRACT shall become effective upon execution by the parties hereto, subject to cancellation by Tbaytel upon failure of the Customer to receive credit approval. For the purpose of this Contract, the Service period shall commence on the date that the assigned wireless number is activated and continue for the term chosen by the Customer (the "Initial Service Period") and shall automatically renew for successive periods of thirty (30) days thereafter unless bonded by a term period and until the Contract is terminated either by the Customer or Tbaytel as herein provided.

1. Tbaytel Service

1. The Service is available to wireless devices equipped for the Service when those devices are within range of cell sites located in the Service area served by Tbaytel.
2. The Customer shall not use the Service for any purpose contrary to law, for annoying any person or in such manner as to interfere unreasonably with the use of the Service by one or more customers. Without limitation, you may not use (or allow anyone else to use) the Services, our products or your wireless device or equipment to directly or indirectly: A. Invade another person’s privacy or collect or store personal data about other users; "stalk" or harass another person or entity; harm another person unlawfully use, possess, post, upload, transmit, disseminate or otherwise make available obscene, profane or pornographic material; post, upload, transmit, disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory, deceptive or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, upload, transmit, disseminate or otherwise make available objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any municipal, provincial, federal or international law, order or regulation; B. Access any wireless device, computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, or scan a person’s wireless device without that person's consent, or use any tools designed to facilitate these scans; C. Upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement) or related derivative works, without obtaining permission of the copyright owner or right holder; D. Restrict, inhibit or interfere with the ability of any person to access, use or enjoy wireless services or any device or equipment used to connect to the Services, or create an unusually large burden on the Tbaytel network, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus or malware or other harmful, limiting, destructive or debilitating feature; distributing mass or unsolicited e-mail ("spam"); or otherwise generating levels of traffic sufficient to impede others ability to send or retrieve information;
3. Tbaytel reserves the right to restrict, block, suspend, disconnect, cancel or refuse to provide any or all of the Customer’s Services, without notice or liability to the Customer, if the Customer or someone acting on their behalf acts aggressively or unreasonably towards Tbaytel, its employees or agents or engages in any conduct considered by Tbaytel to be unacceptable.
4. This Contract is for provision of Service only. Tbaytel shall not be responsible for the supply, installation, operation or maintenance of the Customer’s wireless device. The Customer must ensure that the wireless device is technically and operationally compatible with Tbaytel’s wireless system and that it complies with the rules and regulations of Industry Canada.
5. The Customer agrees to abide by all rules and regulations governing the use of the Service that may be issued or adopted by Tbaytel from time to time and furnished to the customer in connection with the provisions of Service. In addition to the termination rights set out elsewhere in this Contract, Tbaytel may suspend or terminate the Customer’s Services and this Contract, without notice to the Customer, if one or more of the above prohibited activities is identified. Additionally, the Customer may be charged for any costs incurred by Tbaytel or its affiliate(s) in connection with a breach of the terms of this Section, including, without limitation, costs incurred to enforce compliance with this Section.

2. Wireless Number

1. The Customer shall be assigned a wireless number. The Customer shall have no property right in the wireless number assigned to him in connection with the service and Tbaytel may change such assigned number at such time or times as Tbaytel, in its sole discretion, considers necessary without any liability whatsoever provided that the Customer is provided with reasonable notice in the circumstances.
2. The Customer acknowledges that the NEW NUMBER ACTIVATION for this purchase represents a new subscription and the Customer acknowledges that if this new Contract for Wireless service includes a subsidized device offer, the subsidized device offer only applies if the Customer does not de-activate the Tbaytel number associated with this contract before the term of the contract has expired. If deactivation occurs prior to the term being completed an Early Cancellation Fee (ECF) will be levied against the applicable account. The total ECF will be calculated by multiplying the monthly ECF by the number of months remaining in the contract. The monthly ECF is calculated as follows: Monthly ECF = device subsidy divided by number of months in the contract.
3. The Customer acknowledges that the NEW NUMBER ACTIVATION for this purchase represents a new subscription and that if this new Contract for wireless service includes a SimplePay Financing Agreement, the SimplePay Financing Agreement only applies if the Customer does not deactivate the Tbaytel number associated with this Contract before the term of the contract has expired. If deactivation occurs prior to the term being completed, an ECF will be levied against the applicable account. The total ECF will be calculated by multiplying the monthly ECF by the number of months remaining in the Contract. The monthly ECF is calculated as follows: the monthly ECF is equal to the device list price less the initial payment amount divided by the number of months in the Initial Service Period. The monthly ECF will include recovery of any device discount included at the time of sale.
4. The Customer acknowledges that the assigned wireless number will be displayed to other landline or wireless Call Display/Caller ID subscribers where technically possible.

3. Rates and Charges

1. The Customer is responsible for the payment to Tbaytel of the following charges, such charges to accrue from the commencement of the Initial Service period and during any renewal thereof until termination of this Contract: A. Current Tbaytel charges for the use of the Service including, but not limited to, fixed monthly access charges and usage charges; and B. Message toll charges and other charges incurred by the Customer to make long distance calls; and C. All charges including message toll charges, data usage charges and other network charges incurred by the Customer in the exercise of roaming privileges described in Section 10.2 as provided by Tbaytel; and D. Directory listings and advertising charges and any other charges paid by Tbaytel on the Customer's behalf and E. All charges for optional features and charges for establishment of the Service pursuant to Tbaytel’s schedule of charges revised from time to time; and F. Any Service provided under the terms of a term contract shall not qualify for temporary suspension of service at reduced rates unless, while under warranty, a repair needs to be completed to the device and a loaner device is not provided; and G. Applicable provincial, local and other taxes which may be levied upon the Service provided or upon the charges payable hereunder.
2. All charges are due and payable as specified by Tbaytel. Minimum monthly charges for wireless services will be in accordance with the Critical Information Summary, provided to you at sign-up. All other charges will be in accordance with the rules set out in The Wireless Code of Conduct or the then current rate schedules as published by Tbaytel from time to time. Accounts past due will be subject to Tbaytel's then current late payment charge. Tbaytel’s current late payment charge will be calculated as set out on the Customers invoice or at tbaytel.net.
3. All calls are rounded up to the nearest minute. Data usage is rounded up to the nearest kilobyte. Unused units of airtime, SMS or data during any monthly period cannot be transferred to any other month(s) nor is it refundable.

4. Changes in Rates

1. Tbaytel may only change the key contract terms and conditions, specified in the Critical Information Summary, during the contract period with the Customers informed and express consent. Tbaytel may change a key contract term or condition during the contract period without the Customers express consent if the change clearly benefits the customer.
2. Tbaytel reserves the right, with 30 days prior notice to the Customer, to change or modify other contract charges, terms and conditions, or related documents in connection with the Service.

5. Lost or Stolen Devices

1. If the Customer notifies Tbaytel that his or her device has been lost or stolen, A. Tbaytel will suspend the Customers service at no charge upon receiving notification; and B. The terms and conditions of the contract will continue to apply, including the Customers obligation to pay; i. all charges before Tbaytel received noticed that the device was stolen or lost; and ii. either the minimum monthly charge (and taxes) if the Customer continues with the contract, or the applicable Early Cancellation Fee if the Customer cancels the contract, C. If the Customer notifies Tbaytel that his or her device has been located or replaced and requests that the Service be restored, Tbaytel will restore the Service at no charge.
2. A Blacklisted device is equipment that has been reported stolen and registered on the Canadian Blacklist. If a customer attempts to activate a Blacklisted or attempts to insert a Tbaytel SIM card into a Blacklisted device, then Tbaytel will deny service to the Blacklisted device. The Customer will continue to be responsible for payment of all recurring fees and usage balance of this Service as per this Contract.

6. Termination of Service

1. Trial Period i) If the Initial Service Period is fifteen (15) days or less, and if the voice usage on the device is less than 30 minutes, this Contract may be terminated by the subscriber without penalty. The equipment must be returned in new condition with all original components; if the equipment and components are not like new then a refurbishing fee may apply. All other usage charges above and beyond the aforementioned must be paid by the customer at the time of termination. ii) For registered Tbaytel customers with disabilities the initial Service period is thirty (30) days or less, and if the voice usage on the device is less than 60 minutes, this Contract may be terminated by the subscriber without penalty. The equipment must be returned in new condition with all original components; if the equipment and components are not like new then a refurbishing fee may apply. All other usage charges above and beyond the aforementioned must be paid by the customer at the time of termination. iii) If the Initial Service Period is greater than fifteen (15) days, and/or if the voice usage on the device is more than 30 minutes the subscriber may terminate this Contract in its entirety by written notice of termination to Tbaytel and by paying to Tbaytel the Early Cancellation Fee as set out in section 2.2 of this Contract. This amount will be charged per month remaining on the term of this Contract. The Customer shall remain liable for all charges for Service which has been provided by Tbaytel. Notwithstanding the termination hereof, the Customer agrees to pay all charges owing to Tbaytel outstanding on the date of termination.
2. Tbaytel may disconnect the Customer for failure to pay if the Customer A. Fails to pay an account that is past due, provided it exceeds $50 or has been past due for more than two months; or B. Fails to provide or maintain a reasonable security deposit or alternative when requested to do so by Tbaytel; or C. Agreed to a deferred payment plan with Tbaytel and fails to comply with the terms of this plan.
3. In the event that the Customer’s Service is terminated by Tbaytel for unacceptable use or behaviour, or for any reason prescribed hereto this Contract including hereto Section 1, the Customer will be responsible for paying any and all amounts owing on their Tbaytel account, including but not limited to, applicable cancellation fees and the outstanding balance owed for use of the Services.
4. In the event of theft, loss or destruction of the wireless device used by the Customer and if the Customer chooses to cancel the Contract, the Customer is obligated to pay for the ECF and all charges up to the time of notification of such theft, loss or destruction as indicated in Section 5.1 of the Contract.
5. If the Customer discontinues service or converts to the service of a different carrier before the end of the Contract term, the Customer agrees to pay any ECFs.
6. Temporary suspension of Service may result in termination of any applicable promotions and the application of cancellation penalties. Furthermore, the Customer must re-activate on a current rate plan.
7. Should it become necessary to commence collection proceedings to collect on this Contract, the Customer agrees to pay all costs, including reasonable legal fees, for said collection.
8. All written notice to be given by the Customer shall be made to Tbaytel, 1046 Lithium Drive, Thunder Bay, Ontario, Canada, P7B 6G3.

7. Default

1. The occurrence or happening of any one or more of the following events shall constitute an event of default: (A) The Customer fails to make any payments due hereunder when due or otherwise upon Tbaytel’s request whether or not an invoice has been rendered; (B) The Customer fails to perform or observe any covenant, condition or agreement to be performed or observed by it hereunder; (C) The Customer uses, or is reasonably suspected or determined to have used by way of account identifiers, Services or equipment, the Service in such manner that adversely affects the provision of Tbaytel’s Service to another person in any way whatsoever; (D) The Customer uses, or is reasonably suspected to have used, the Service for any purpose contrary to the terms of this Contract so as to interfere unreasonably with the use of the Service, Tbaytel’s networks or operations by law or by any manner prescribed under Section 1; and (E) Any representation or warranty made by the Customer herein or in any document or certificate furnished by the Customer in connection herewith or pursuant hereto shall have proven to be incurred at any time in any material respect.
2. In the event of default, Tbaytel may at Tbaytel’s sole option either terminate this Contract or suspend the Customers Service as per the Terms of Service as issued by the Canadian Radio Television & Telecommunications Commission (CRTC) and bill the Customer immediately for all outstanding charges accrued up to the date of such termination or suspension. In all such cases, Tbaytel incurs no liability whatsoever. The Customer shall be liable for the costs and expenses incurred by Tbaytel by reason of an event of default or the exercise by Tbaytel of its remedies in respect thereof and such costs and expenses, including without limitation, legal costs and ECFs if applicable, shall be due and payable immediately. Furthermore, Tbaytel shall be entitled and is hereby authorized to charge any amounts due to Tbaytel under this Contract to any of the Customers credit cards specified in this Contract.

8. Limitation of Liability

1. Tbaytel does not warrant all uninterrupted working of the Tbaytel Equipment or Service and shall not be liable to any Customer, User or other person for damages resulting from mistakes, omissions, interruptions delays, errors in transmission, defects in transmission, failure or defects in equipment, coverage, acts of God, fire, explosion, war, riots, strike, lockouts, picketing, boycotts, acts of Government Authorities, causes originating in the facilities or operations of Tbaytel or any part of the publicly switched telephone network or from any other cause of any nature or kind whatsoever and whether similar to the specified causes herein stated. Without restricting generally the foregoing, in no event will Tbaytel be liable for direct, consequential or economic loss or damage, including loss of profits, even if advised of the possibility thereof. The sole compensation or claim is limited to the credit allowance under Section 7.2.
2. In the event of a service interruption, Tbaytel shall make a credit allowance, at the Customers request, in the form of a prorated adjustment to the fixed monthly charges billed to the Customer. The prorated adjustment will be computed by dividing the duration of the Service interruption (measured in 24-hour days from the time the interruption is reported to Tbaytel) by a standard 30-day month and then multiplying that result by the fixed monthly access charge for each interrupted cellular number. A period of time less than 24 hours shall not be credited and an additional period of 12 hours or more shall be considered an additional day. In no case shall the credit exceed the monthly access charge.
3. No credit allowance will be given for interruption caused by the Customers negligence or by the Customer's willful acts or for interruptions caused by failure of the Customers equipment.
4. Tbaytel shall not be liable for damages for any accident or injury caused by or to a vehicle, watercraft or aircraft owned or operated by the Customer in which a wireless device or supplementary apparatus provided in conjunction therewith is placed or installed.
5. Tbaytel undertakes only to transmit a signal for the purpose of activating a signal on the wireless device, and accepts no responsibility for the transmission of further intelligence.
6. If requested to do so by the Customer, Tbaytel will arrange for a Directory Listing to be placed in the telephone directory by Tbaytel in accordance with Tbaytel’s tariff. However, Tbaytel shall not be liable for damages arising from errors or omissions in any directory listing, information services, or reference of call to another telephone number, or arising from the omission of a listing from a directory and/or information records at the request of the Customer or of any person purporting to act on its behalf. No liability shall attach to Tbaytel by reason of the continuation of the Customers listing in a directory after the termination of its Service.
7. The Customer specifically agrees that Tbaytel will not be liable for any damages resulting from, or connection with any interruption, or failure of 9-1-1, or any emergency service, or identification of the telephone number associated with any person accessing or attempting to access such emergency services from your phone.
8. The foregoing is Tbaytel’s complete and only liability to the Customer.

9. Confidentiality of Customer Information

1. Unless a Customer consents in writing or disclosure is pursuant to a legal power, all information kept by Tbaytel other than the Customers name and address, are considered CONFIDENTIAL and may not be released by Tbaytel to anyone other than; A. The Customer, if requested; or B. Any Authorized User on your account, or any person we believe is acting as their agent or power of attorney; or C. Another telecommunications carrier or other person providing services to a telecommunications carrier, provided the information is to be used for the establishment of, or the efficient and cost effective provision of, wireless service and disclosure is made on a confidential basis with the information to be used solely for that purpose; or D. At a Customer’s request, to a company providing a directory listing service provided that disclosure of information other than name, address and listed telephone number is made on a confidential basis with the information to be used solely for that purpose; or E. An agent retained by Tbaytel to collect outstanding balances owed to Tbaytel by the Customer, or to perform other administrative functions for Tbaytel provided that the information is released solely for those purposes; or F. To a law enforcement agency whenever Tbaytel has reasonable grounds to believe that the Customer has knowingly supplied Tbaytel with false or misleading information or is otherwise involved in unlawful activities directed against Tbaytel.

10. Roaming

1. If the Customer operates as a roamer on any other wireless carriers system pursuant to any Roaming Service Agreement entered into by Tbaytel and such other carrier, then in such event, the Customer shall be subject to the limitation of liability provisions as are imposed by such other carrier on its own Customers. The use of such other carriers system by the Customer shall constitute conclusive acceptance of the said limitation of liability provisions with respect to such use.
2. The Customer shall be responsible for all roaming charges as may be levied by the serving carrier providing roaming privileges and service.

11. Authorized User

1. You may be permitted to have an authorized user on your account in addition to yourself (an "Authorized User"). The Authorized User may have their own Device and phone number on the account.
2. The Authorized User may act on your behalf to administer and manage the account, and furthermore, they will be authorized to receive and consent on your behalf to certain requests from Tbaytel. You agree that an Authorized User on your account may consent on your behalf to pay additional charges for any situation in which consent is required by Tbaytel.
3. An Authorized User may administer and manage your account, including, but not limited to, making general account and billing inquiries, performing plan or feature changes, activating new services, making payment arrangements for accounts in arrears, suspending and reconnecting services for lost phones, reconnecting services that were suspended for nonpayment, and performing wireless hardware upgrades, provide consent to exceed Data Caps related to Domestic Data and Data Roaming Charges and make purchases via Tbaytel E-Commerce and other automated purchase systems. You understand that such changes made by an Authorized User may lead to increased charges, such as Early Cancellation Fees (ECF), service costs, and connection costs. These charges may be one time payments, or may be ongoing monthly payments. You are responsible for all changes made to your account by an Authorized User and all charges incurred as a result.
4. Be advised that personal information and other account details may be included in account statements, and may be shared with the Authorized User of your account. You agree that you are responsible for communicating this to any Authorized User on your account.
5. An Authorized User is not responsible for any debt on your account but is otherwise responsible to adhere to this Agreement, Tbaytel’s Acceptable Use Policy, and any other agreements related to your account, as amended from time to time. You are responsible for the actions of the Authorized User on your account and responsible for informing them of this Agreement, and all other information you may receive about your account, and of any changes to any of these.
6. Tbaytel reserves the right to refuse to allow you to add an Authorized User, or to terminate an Authorized User from your account for any reason, in our sole and absolute discretion, including for owing money on another account or for having an account cancelled previously.
7. By adding an Authorized User to your account you are confirming that you agree to all of Section 11.

12. Deposit

1. Tbaytel may require the Customer at any time to provide a deposit in an amount satisfactory to Tbaytel to be held by Tbaytel for a minimum of twelve (12) months with interest to the Customer, to be applied by Tbaytel, as Tbaytel may see fit from time to time to amounts outstanding hereunder or outstanding pursuant to the terms of any contract for Wireless Service. In the event of termination of this Contract, through default of the Customer, Tbaytel may retain the deposit as a genuine pre-estimate of damage, not as a penalty.
2. A Security Deposit will be credited with interest to the customer, retaining only any amount owed by the Customer, no more than 30 calendar days after the contract is terminated by either the customer or Tbaytel; or Tbaytel determines that the conditions for return of the deposit have been met.

13. Equipment

1. Industry Canada requires that all wireless devices used in Canada be certified to meet certain operational and safety requirements. Users should therefore ensure that equipment activated on the Tbaytel network is approved by Industry Canada. Tbaytel reserves the right NOT to activate any equipment that does not comply with Industry Canada’s requirements.

14. Complete Agreement

1. The parties acknowledge that this Contract, combined with the original Critical Information Summary, contains the entire agreement of the parties, and that there are no new terms of conditions relating to the subject matter hereof except as set out in this Contract. This Contract may not be modified or amended except by the expressed consent of the parties.

15. Governing Law

1. This Contract shall be governed by and construed in accordance with the laws applicable in the Province of Ontario, and shall be subject to the exclusive jurisdiction of the Courts of Ontario.

16. Waiver

1. No failure or delay on the part of either party to exercise any right or remedy hereunder, or otherwise arising at law, shall operate as a waiver thereof, nor shall it preclude the further exercise thereof of the exercise of any other right or remedy. Except as expressly provided to the contrary, the remedies provided herein are cumulative and not exhaustive of any remedies provided by law.

17. Interpretation

1. The headings shall not form part of this Contract and are included for convenience only.

18. End User/Software License Agreement

1. The customer agrees to comply to the End-User Software License Agreements for use of Tbaytel’s data network and use of various manufacturer’s wireless data devices.
2. In addition, the customer agrees to abide by Export Restrictions placed on Data devices as per device manufacturers' licensing agreements.