Iristel and Ice Wireless Terms & Privacy

a.   ACCEPTANCE OF TERMS:

Iristel reserves the right to change, modify, update prices (Price Plans, Features, special numbers, etc.) add or remove portions of the Terms of Service at any time without direct notification to subscribers.

The Customer must check these Terms of Service for changes. The Customer’s continued use of this website and of the Iristel service following the posting of changes to the Terms of Service will be considered an acceptance of those changes.

b.   TERM:

Service is offered on a month to month basis or under a fixed service term. Monthly fees are pro-rated based on the specific sign up date during the activation month. Your acceptance of services from us constitutes your agreement with, and acceptance of our Reasonable Use Policy http://iristel.com/reasonable-use-policy.

Customers may benefit from special promotions upon retaining Iristel services for a fixed term, as listed on the official website (www.iristel.com). Iristel shall deem the entire cost of providing hardware and/or service discounts covered, upon Customer’s fulfillment of the agreed service period.

Subsequent terms of this Agreement will be renewed automatically on a month to month basis.

Customer is responsible for all the service fees up to date of termination, including but not limited to unbilled charges, plus a termination fee, if applicable; all of which become due and payable immediately once the Customer provides notice.

It is also the Customer’s sole responsibility to verify and review their monthly invoices and periodically check-in on the status of their account. If the Customer notices any discrepancies, the Customer is responsible to immediately notify Iristel of any required changes.

GRACE PERIOD

For cancellation of service within the initial thirty (30) days from the activation date (“Grace Period”), responsibility for the monthly charges and an early termination fee, if applicable, shall be waived.

For cancellation of service within the initial thirty (30) days from the activation date (“Grace Period”), responsibility for the monthly charges and an early termination fee, if applicable, shall be waived.

The Customer will continue to be liable for non-recurring charges and usage charges incurred during the Grace Period, which shall be become due and payable immediately once the service is terminated.

c.   COMMERCIAL USE OF SERVICE AND DEVICE:

Iristel services and devices are provided for use by the Customer. The Customer cannot resell or transfer Iristel’s services or devices to any other person for any purpose, without the express and written permission of Iristel in advance.

d.   LAWFUL USE OF IRISTEL’S SERVICES AND DEVICES:

The Customer agrees to use Iristel’s services and devices solely for lawful purposes. Iristel’s services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind. This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law.

Iristel reserves the right to terminate service immediately and without advance notice if the Customer violates the above restrictions. Upon such occurrence, the Customer will be responsible for all the service charges up to date of termination, including unbilled charges, plus a termination fee if applicable; all of which become due and payable immediately once the service is terminated.

e.   UNAUTHORIZED USAGE OF IRISTEL’S DEVICES, FIRMWARE OR SOFTWARE:

The Customer acknowledges that this Agreement does not grant the Customer any license to use the firmware or software embedded in the device for any purpose other than that described in the present Agreement, as authorized by Iristel; and that the devices are provided exclusively for use in connection with Iristel’s services.

If the Customer decides to use Iristel’s services through an interface device not provided by Iristel, Iristel reserves the right to prohibit or disconnect service as deemed necessary.

f.   TAMPERING WITH IRISTEL’S DEVICES:

The Customer agrees not to change the electronic serial number or equipment identifier of any Iristel devices, or to perform a factory reset of the devices, without express prior written permission from Iristel.

Iristel reserves the right to terminate service should the Customer tamper with any of the devices, leaving the Customer responsible for the service charges to the date of termination, including unbilled charges, plus a termination fee, if applicable; all of which immediately become due and payable.

g.   THEFT OF SERVICE:

The Customer agrees to notify Iristel immediately, in writing or by calling the Iristel Customer Care Team, if any Iristel device is stolen or if the Customer becomes aware that his or her service is being stolen or used fraudulently.

When contacting Iristel, the Customer must provide the Iristel Account Number and a detailed description of the circumstances of the said Iristel device theft or fraudulent use of Iristel services. Failure to do so in a timely manner may result in the termination of the Customer’s service and additional charges. Please note that it is the Customer’s responsibility to secure any credentials provided to them by Iristel.

h.   IRISTEL EQUIPMENT:

The cost of shipment shall vary depending on destination and package specifications.

Iristel devices shall be returned to the address listed below:

RETURN OF EQUIPMENT

Iristel

675 Cochrane Drive, 6th Floor

Markham, Ontario

Canada, L3R 0B8

Purchased devices may be returned to Iristel within thirty (30) days of the Line activation provided that:

i.   The Customer has retained proof of purchase and original packaging.

ii.   Iristel items returned are undamaged and in original condition.

iii.   All documentation and packaging materials are returned in good order.

It is understood that any device purchased in original condition, unsealed by Customer, has incurred a loss to its initial market value and Iristel reserves the right to charge a $25.00 restocking fee per returned item. Such fee shall be deducted from the original purchase amount due for refund or applied against the Customer’s final invoice, as the case may be.

If a Customer receives Iristel cartons and/or devices that are visibly damaged, please note the damage on the carrier’s freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact Iristel’s Customer Care Team immediately. Warranty coverage varies depending on the type of device chosen. Please refer to the warranty materials included in the packaging of the Iristel device(s).

After said thirty (30) day prescribed time limit, all disbursements for purchase of Iristel devices by the Customer will be non-refundable at time of termination of services by the Customer or Iristel.

The Customer acknowledges that, under no circumstance, should there be any refund for the shipping charges or the utilization fees. All of these become due and payable immediately when the said devices are returned.

The Customer acknowledges that any non-purchased Iristel device (loaned/rented) provided by Iristel for service remains Iristel’s property.

Iristel loaned and/or rented devices must be returned within thirty (30) days from the service termination date to enable account closure and final billing. All items must be returned undamaged and in original condition with all documentation and packaging materials in good order. Should a device not be returned within the thirty (30) days prescribed limit, the full hardware cost will be charged to Customer’s account.

It is understood that the Iristel devices are subsidized by Iristel and that the true cost of a two port analog unit is $400.00. The Iristel devices are sold by Iristel exclusively to Iristel customers, and as such the pricing listed on the Iristel’s website (www.iristel.com) represents subsidized rates.

In the case of damage to a loaned/rented Iristel device, or upon account closure following non-payment, the full amount of $400.00 plus applicable taxes will be charged to the Customer’s account for the true cost of the device

i.   NUMBER TRANSFER ON SERVICE TERMINATION:

Iristel will agree to transfer the number to another Carrier of the Customer’s choice upon termination of Iristel’s services provided that the account has been properly and lawfully terminated and the Customer’s account is completely current, given either of the following two cases:

ONE LINE WITH IRISTEL

If we receive a request from your new Service Provider to terminate the service for a number, we will release the number shortly after notification to Iristel by the relevant Service Provider, given that there are no reasons to reject.

Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the date of termination, including any termination fees if applicable (for non-returned equipment, special number porting out, promotions etc.).

If a port is unsuccessful for any reason (stranded services, suspended or inactive account, etc.), your service and your Agreement with us will not terminate; you will remain an Iristel Customer and you will continue to be responsible for all charges and fees associated with your service.

MORE THAN ONE LINE WITH IRISTEL

If we receive a request from your new Service Provider to terminate the service for a number, and you have multiple numbers assigned to your account and/or additional devices such as Softphone on your account, you are required to inform us of your intent to terminate all the services on your account prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your Iristel account; and you will continue to be responsible for all the charges and fees associated with the remaining services on your account.

Once the port of the requested number is completed, you will remain responsible for all charges through the date of service termination, including any termination fees applicable to the ported number.

It is the Customer’s sole responsibility to verify and review their monthly invoices and periodically check-in on the status of their account. If the Customer notices any discrepancies, the Customer is responsible to immediately notify Iristel of any required changes.

j.   LONG DISTANCE EXCLUSIVITY:

It is understood that Iristel will be the Customer’s exclusive long-distance provider for the time that this Agreement is in force. Iristel has the authority to direct all of the Customer’s long-distance calls through Iristel’s network.

k.   REGULAR USAGE:

Customers must note that any service and/or devices are provided solely for regular residential or commercial use. Usage limitations are subject to the Reasonable Use Policy posted on the website, as amended by Iristel from time to time.

The Customer shall not resell or transfer the service or a device to another party without prior written consent from Iristel. The Customer is also prohibited from using the service or a device for auto-dialing, continuous or extensive call forwarding, telemarketing, fax or voicemail broadcasting or fax or voicemail blasting.

We reserve the right to immediately terminate or modify a Customer’s service if we determine that the use of the service or the device is, or at any time was, inconsistent with regular residential usage patterns.

In addition, the Customer will be required to pay the Iristel standard rates for the entire period in which the use of the service or the device was inconsistent with regular residential or commercial use.

l.   FRAUDULENT CALLS:

Customer is solely responsible for the security and integrity of his/her VoIP gateway, and acknowledges that any usage charges resulting from unauthorized access to his/her gateway by a known or unknown party will be invoiced to the Customer.

m.   PROMOTIONAL PACKAGES:

On occasion, Iristel may offer service promotional packages (“Promotions”). The duration and terms of the Promotions may vary according to the specifications described in the promotional literature or on the website.

30 days promotions are subject to conditions.

n.   PROPRIETARY RIGHTS:

The Customer acknowledges and agrees that all content available on the Iristel website is protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

Except as expressly authorized by Iristel, the Customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

Notwithstanding the above, the Customer may print or download one copy of the materials or content on this website on a single computer for personal, non-commercial use, provided that the Customer keeps intact all copyright and other proprietary notices.

Systematic retrieval of data or other content from the Iristel website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Iristel is strictly prohibited. In addition, any use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

Notwithstanding anything to the above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Iristel website is strictly prohibited unless the Customer has obtained prior written approval from Iristel.

o.   IP RELAY SERVICES:

IP Relay is a text-based Message Relay service that allows people with a hearing or speech impairment to initiate phone calls with the help of an operator. Service access is done via a secured web page (chat interface) and you are required to obtain Internet access and a compatible device for use. A specially trained operator will assist you by connecting your call to the intended hearing party and once connected relay the typed conversation by voice.

You must properly register for IP Relay Services as indicated on the Iristel website. We currently do not offer IP Relay Services outside Canada.

Service is available 24/7 but subject to network availability, which may be affected by lack of Internet connectivity, power outages, and other interruptions in service. Iristel makes no warranties that the service will be error free, uninterrupted or that defects in the service will be corrected.

See Section 3 - Service Limitations, for information on use of 9-1-1 Services via IP Relay.

a.   POWER OUTAGE:

The Customer acknowledges and understands that Iristel’s services do not function in the event of a power failure. Should there be an interruption in the power supply, services will not resume until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to resuming services.

b.   BROADBAND SERVICE OUTAGE:

The Customer acknowledges and understands that service outages caused by their Broadband Provider will prevent any calls from being made or received.

c.   SERVICE OUTAGE DUE TO SUSPENSION OF THE CUSTOMER’S ACCOUNT:

The Customer acknowledges and understands that service outages due to suspension of services following billing issues will prevent any calls from being made or received.

d.   OTHER SERVICE OUTAGES:

The Customer acknowledges and understands that if there is a service outage for any reason, such outage will prevent any calls from being made or received. Such outages may occur for a variety of reasons, including but not limited to, those reasons described elsewhere in this Agreement.

a.   IMPORTANT INFORMATION ABOUT EMERGENCY 9-1-1 SERVICE:

DESCRIPTION

VoIP services allow the Customers to make or receive telephone calls over the Internet to or from the Public Switched Telephone Network.

The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and the Customer acknowledges, understands and agrees that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.

DIFFERENCES TO TRADITIONAL TELEPHONE SERVICE

Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through Iristel will be handled differently than traditional telephone services.

The following provisions describe the differences and limitations of 9-1-1 emergency calls, and the Customer hereby acknowledges and understands that the Iristel service is not a traditional telephone service.

There are important differences between traditional 9-1-1 telephone services and the services provided by Iristel as set out in these Terms and Conditions. Customers must review the section below in its entirety.

PLACING 9-1-1 CALLS

If the Customer makes a 9-1-1 emergency call, Iristel will attempt to automatically route the Customer’s 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the Customer’s address of record on his or her account

However, due to the limitations of the VoIP telephone services, the Customer’s 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialing.

For example, the Customer’s call may be forwarded to a third-party, specialized call centre that handles emergency calls

This call centre is different from the PSAP (Public Safety Answering Point) that would answer a traditional 9-1-1 emergency call which has automatically generated the Customer’s address information. Consequently, the VoIP Customer will be required to provide his or her name, address, and telephone number to the call centre operator.

HOW YOUR INFORMATION IS PROVIDED

Iristel will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with the Customer’s account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain the Customer’s name, phone number or physical location.

Therefore, when making a 9-1-1 emergency call, the Customer must be prepared to immediately (confirm and) inform the dispatcher of his or her location and call-back number (or the location of the emergency, if different), since the operator may not have this information.

If the Customer is unable to speak, the dispatcher may not be able to locate him/her if the Customer’s location information is not up to date.

Failure to keep information current will result in a Customer not being able to communicate during a 9-1-1 call; and/or the emergency operator may assume that Customers are at the last registered address.

HOW YOUR INFORMATION IS PROVIDED

The Customer is responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) for his or her account.

If the Customer does not correctly identify the actual location where he/she is located, or if the Customers account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.

For example, if the Customer changes the address from which he or she uses their Broadfone or Broadfone PC Phone service, access to 9-1-1 service will not function properly.

Upon moving to a new address, or change of use of Broadfone or Broadfone PC Phone service, the Customer must immediately notify and advise Iristel by email or by telephone with the most current location information.

Failure to advise Iristel of any changes will adversely affect the ability to access the 9-1-1 Service. You may also update your most likely physical address online through the Iristel Portal.

HOW YOUR INFORMATION IS PROVIDED

For Auto Attendant Customers with their associated extensions, please note that only the main company number and the main company service address will be on file for 9-1-1, regardless of where the associated extension is located.

DISCONNECTIONS

During the 9-1-1 call, the Customer must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have the Customer’s number or contact information.

If the Customer is inadvertently disconnected, he/she must call back immediately.

Connection time: for technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.

9-1-1 CALLS MAY NOT FUNCTION

For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

i.   if your service or your system (service) access equipment fails or is not configured correctly

ii.   if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues

iii.   network or Internet congestion, network or Internet outage in the event of a power outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 911 emergency calls;

iv.   changing locations—if you move your system access equipment to a location other than that described in the Customer’s account information or otherwise on record with Iristel.

Therefore, it is strongly advised that backup power supply be made available, such as a UPS.

INFORM OTHER USERS

The Customer must ensure full understanding of the 9-1-1 service limitations and is responsible for notifying, and agrees to notify, any user or potential users of VoIP services of the nature and limitations of 911 emergency calls on the VoIP services as described herein

IP RELAY 9-1-1

The IP Relay service is not designed for emergency calling and it should not be used as a substitute for 9-1-1 calling

Access to 9-1-1 via IP Relay has certain limitations relative to Enhanced 9-1-1 service, which is available on most “traditional” telephone service. The 9-1-1 operator may not know where you are calling from unless you provide accurate location information (address) when asked.

9-1-1 emergency calls made using IP Relay may take longer to be connected to the correct 9-1-1 response center than calls made from a traditional wireline phone.

You should keep your address information current with your Service Provider as the operator may assume that you are at the address you submitted upon service registration if you are not able to speak during a 9-1-1 call.

When placing a 9-1-1 call, do not disconnect until told to do so by the operator, and place the call again if you are disconnected.

Make sure that you and any users of IP Relay are familiar with the nature and limitations of the 9-1-1 calls placed using the service. You may contact the Iristel Accessibility Team with any questions about 9-1-1 service on IP Relay.

LIABILITY

Customers are advised to review this section with respect to Iristel’s limitations of liability

THE CUSTOMER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9-1-1 SERVICE DIFFERENCES. BY ACCEPTING THESE TERMS, THE CUSTOMER ACCEPTS IRISTEL VOIP SERVICES ON THESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST IRISTEL, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO THE IRISTEL 9-1-1 SERVICE. THE CUSTOMER ALSO AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ABOVE PERSONS FROM ANY SUCH CLAIMS FOR DAMAGES, INCLUDING LEGAL FEES. THE CUSTOMER’S WAIVER AND INDEMNITY IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

b.   COLLECT CALL

Iristel does not currently offer collect calls.

c.   BROADBAND SERVICE OUTAGE

The Customer acknowledges and understands that service outages caused by his/her Broadband Internet Service Provider will prevent Iristel services.

d.   LOSS OF SERVICE DUE TO POWER FAILURE

The Customer acknowledges and understands that the service does not work in the event of power failure and will resume when power is restored. A power failure or disruption may require a reset or reconfiguration of the equipment prior to restoration of the service.

e.   SERVICE OUTAGE DUE TO SUSPENSION OF A CUSTOMER’S ACCOUNT

The Customer acknowledges and understands that service outages due to suspension of the account as a result of billing issues will prevent all service elements from operating.

f.   OTHER SERVICE OUTAGES

The Customer acknowledges and understands that if there is an outage occurrence, for any reason; such outage may cause an interruption in all services, INCLUDING THE 9-1-1 SERVICE.

As technologies and services progress, we may change the terms of this Agreement after providing a [14] days advance notice. We provide notices by:

i.   Posting to the “Service Announcements” section of our website;

ii.   Electronic mail directed to the email address provided by Customer upon sign-up for services, or to the current email address if a change notification was received

The Customer is responsible for notifying us of any changes in his/her email address by contacting the Customer Care Team at customercare@iristel.com.

Otherwise, we will continue to use the Customer’s previous e-mail address until a notice of change has been provided by Customer

a.   INVOICING:

Iristel will provide monthly invoices stating the recurring and non-recurring fees for the upcoming month within three (3) days of the end of each calendar month. Invoices are due and payable within fourteen (14) days of the invoice date.

We reserve the right to bill at more frequent intervals if the amount owing at any time exceeds $50. The Customer is responsible to Iristel for payment of all the service charges and/or the equipment supplied to them.

Iristel’s “Carrier” Services are available in Canadian, United States or European currency.

A late payment charge applies when a payment has not been received within twenty-one (21) days after the date of the statement of account for service. This charge is a monthly compound rate of 1.5%. A late payment charge applies when a payment has not been received within twenty-one (21) days after the date of the statement of account for service. This charge is a monthly compound rate of 1.5%.

If a service has been suspended for non-payment, Iristel reserves the right to apply a $20 reactivation fee before reactivation.

An administrative fee of $15.00 per occurrence will be charged to Customer for any payments returned by the bank for non-sufficient-funds (“NSF”).

A charge disputed by the Customer in good faith shall not be considered past due unless Iristel has reasonable grounds to believe that the sole purpose of the dispute is to evade or avoid payment.

The Customer acknowledges that Iristel will not issue cheques for refunds of amounts lower than ten dollars ($10.00). Alternatively, the Customer agrees that any refunds lower than ten dollars ($10.00) will be credited against the Customer’s account.

Unless there has been a deception with regard to a charge, the Customer is not responsible for paying a previously unbilled or under billed charge except where:

1. A recurring charge is correctly billed within a period of one year from the date it was incurred

2. A non-recurring charge is correctly billed within a period of 180 days from the date it was incurred.

In the case of a recurring charge that should not have been billed or was over billed, the Customer will be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law.

However, if the Customer does not dispute the charge within 60 days of the date of an itemized statement, Iristel will not credit such charge for the period prior to that statement.

Non-recurring charges that should not have been billed or that were over billed will be credited, provided that the Customer disputes such charges within seven (7) days of receiving their credit card statement.

b.   BILLING DISPUTES:

The Customer must notify Iristel in writing within seven (7) days after receiving their credit card statement if there is dispute of any charges or such dispute will be deemed waived. Billing disputes should be reported to the following address:

Iristel Customer Care Team

675 Cochrane Drive, East Tower, 6th Floor

Markham, Ontario, Canada, L3R 0B8

or by email to customercare@iristel.com

c.   PAYMENT:

Iristel accepts the following payment methods:

• Pre-authorized credit card withdrawals (credit card is accepted for US and Canadian currency)
• Pre-authorized checking account withdrawals
• Online/Telephone Banking
• Cheques

PRE-AUTHORIZED PAYMENTS

After having submitted a credit card or bank account information with the express request to be used for pre-authorized payments, the Customer’s initial use of services authorizes Iristel to process the information provided for the due charges. The Customer must notify Iristel of any changes in payment information, and is responsible for the charges that accrue during any billing cycle.

The authorization shall remain valid for 30 days after Iristel receives written notice requesting termination of pre-authorized payments. Iristel may terminate service at any time in its sole discretion, if any charge to the Customer’s credit card or bank account on file with Iristel is declined and/or in the case of any other non-payment of account charges.

In the case of termination of service for non-payment, including but not limited to a declined credit card or bank account withdrawal, the Customer is fully liable to Iristel for all charges accrued to date of termination; as well as for charges incurred by Iristel owing to non-payment, such as (but not limited to) collection costs and attorney’s fees.

PRE-AUTHORIZED BILLING FORM

By accepting services from Iristel, the Customer hereby authorizes Iristel to charge the Customer’s credit card account and/or bank account on an ongoing basis for any amounts owing. The Customer understands that this authorization is valid for as long as the Customer is an Iristel subscriber, unless the Customer provides written notice of termination to Iristel. The Customer also agrees to contact Iristel if there are any changes to the Customer’s credit card or bank account information.

d.   CONSENT TO CREDIT VERIFICATION:

By agreeing to Iristel’s Terms of Service the Customer hereby declares that all the information provided to Iristel is true, complete and correct to the best of the Customer’s knowledge. The Customer understands that this information may be used by Iristel to determine the Customer’s creditworthiness in order to assess the Customer’s ability to meet financial obligations. The Customer authorizes Iristel and its agents or assigns to:

i.   Request and obtain personal information on an ongoing basis from the Credit Bureaus;

ii.   Exchange personal information on an ongoing basis with the Credit Bureaus in order to protect the Customer, to ensure the completeness of the information and to maintain the integrity of the credit granting system;

iii.   Co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to protect the Customer and Iristel from fraudulent transactions;

iv.   Disclose the Customer’s personal information where necessary to protect the interests of the Customer and Iristel;

v.   The Customer agrees that Iristel may conduct a pre-authorization on the Customer’s credit card, in order to determine the Customer’s credit-worthiness, which will imply blocking an amount at least equal to the first invoice. The amount will be released in 48 hours (Note: certain banks release the amount upon Customer’s request);

vi.  The Customer acknowledges that, following the outcome of the credit verification process, Iristel may request a security deposit as the primary condition for providing the service. Upon a written request by the Customer and subject to the Customer maintaining a minimum of 6 consecutive months of positive payment history, Iristel may return the security deposit by assigning a credit to Customer’s account. However, this provision does not apply to any deposit or guarantee related to leased equipment. Deposits or guarantees associated with leased equipment will be held until such time as requested by Iristel at its reasonable discretion or until the lease equipment is returned to Iristel.

If the chosen payment method is pre-authorized monthly chequing account withdrawals, the Customer is required to provide Iristel with a copy of a void cheque. The Customer may send a scanned copy by e-mail to customercare@iristel.com or by fax to (416) 848-7921 to the attention of the Customer Care Team. This is required as a means to verify the account details and to meet auditor requirements to maintain a copy of the banking details (void cheque) in the Customer files.

e.   TERMINATION/DISCONTINUANCE OF SERVICE

Iristel reserves the right to discontinue providing services generally, or to terminate the Customer’s service at any time, at its sole discretion, upon Customer’s breach of any of the terms herein. Iristel also reserves the right to terminate the Customer’s service for no stated reason; however, upon such occurrence, Customer shall only be liable for the service fees charged by Iristel until the date of termination.

Upon termination of service for any stated reason, the Customer will be responsible for the charges accrued through the date of termination, including without limitation unbilled charges and a termination fee, if applicable; all of which shall immediately become due and payable.

In addition to Iristel’s right to terminate the Customer’s services, Iristel may restrict, block, suspend or terminate any or all services or accounts, without prior notice to the Customer, if:

i.   Customer is in breach of the Agreement, including non-payment of due charges or non-compliance with any Policies;

ii.   Customer does not maintain service usage within the prescribed Credit Limit;

iii.   Customer exceeds reasonable usage limits, as determined by Iristel;

iv.   Customer has given Iristel false, misleading or outdated information;

v.   Iristel reasonably suspects or determines that any of the Customer’s account, identifiers or services are subject to fraudulent, unlawful or improper usage or usage that adversely affects Iristel’s operations or the use of Iristel’s services, facilities or networks by others;

vi.   Customer harasses, threaten or abuses Iristel or its employees or agents;

vii.   Customer fraudulently or repeatedly or improperly seeks to avoid payment to Iristel;

viii.   Iristel needs to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the services, its facilities or networks;

ix.   Any account or service on which the Customer’s services depend is terminated for any reason;

x.   Iristel reasonably believes that there is an emergency or extreme circumstance that would warrant such action.

Upon the termination of a Service Agreement, the Customer will remain responsible for payment of all charges accrued throughout the effective date of termination, as well as applicable termination fees or purchase fees.

Iristel’s loaned and/or rented equipment must be returned within 30 days of termination; failing to do so, the Customer will be charged the full price of any equipment not returned. Returned equipment must include original packaging, accessory materials and must not have physical damage. If any of Iristel’s equipment is returned in an unsatisfactory condition, which shall be determined by Iristel in its sole discretion, Iristel will charge Customer the full purchase price of such equipment.

For termination of service prior to the completion of a fixed term agreement, Customer will be charged an Early Termination Fee (“ETF”). The ETF is subject to such service or hardware discount received by Customer for entering the Agreement; based on the length of the Agreement and the economic gain for the agreed period. Iristel shall deem the entire cost of providing discounted services and/or hardware covered, upon Customer’s fulfillment of said period.

f.   TAXES:

Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Iristel as a result of providing Iristel’s services or a device will be billed to the Customer’s account. If a Customer is exempt from payment of such taxes, then that Customer will provide Iristel with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Iristel receives the tax-exempt document.

1. Limitation of Liability

Iristel shall not be liable for any failure to provide its services or any degradation of voice quality caused by any of the following

i.   Act or omission of an underlying carrier;

ii.   Equipment, network or facility failure;

iii.   Equipment, network or facility upgrade or modification;

iv.   Force majeure events such as (but not limited to) acts of god, strikes, fire, war, riot, government actions;

v.   Equipment, network or facility shortage;

vi.   Equipment or facility relocation;

vii.   Any other cause that is beyond Iristel ’s control, including without limitation the failure of an incoming or outgoing call to be connected or completed, including a 9-1-1 emergency call. This includes degradation of voice quality.

Iristel’s liability for any failure or mistake shall in no event exceed service charges on account of the affected time period. Iristel is not liable for incidental or consequential damages of any type.

UNDER NO CIRCUMSTANCES SHALL IRISTEL, ITS PARENTS, SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF IRISTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IRISTEL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

2. Indemnification

The Customer shall defend, indemnify and hold harmless Iristel, its officers, directors, employees, affiliates and agents from and against all damages, liabilities, obligations, losses, injuries, claims, demands, penalties, costs and expenses (including reasonable legal fees and disbursements) arising from any and all claims by any person based on:

1. the content of any transmissions by the Customer or any permitted user;
2. the use of service by the Customer or any permitted user, including without limitation, prohibited use;
3. the use of facilities, equipment or connections provided by the Customer;
4. the breach by the Customer of any term or condition.

3. No Warranties on Service:

IRISTEL, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

3. No Warranties or Limited Warranties for Devices:

If the Customer has purchased a new device from Iristel that includes a limited warranty at the time of purchase, the Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties.

If the device did not include a limited warranty from Iristel at the time of purchase, the Customer agrees to accept the unit in question on an “As is” basis and is not entitled to replacement or refund in the event of any defect.

Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by an Iristel representative to the Customer.

Except as otherwise specified herein, the Customer and Iristel each expressly undertake to retain in confidence all information transmitted to each other pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement.

The Customer and Iristel shall treat the specifics of their Agreement, including but not limited to pricing, setup, special provisions, as confidential; however, either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party’s business.

The receiving party’s obligation hereunder shall extend for two (2) years following the disclosure of the Confidential Information.

PRIVACY

IP telephony utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. Iristel is not liable for any lack of privacy which may be experienced by any Customer with regard to its services. Please refer to Iristel’s Privacy Policy for additional information.

NOTICES

Notices to Customer shall be sent to the email address on file for the Customer at Iristel’s offices and will be considered given on the date sent out by Iristel. Please refer to Section 4 of this Agreement regarding a change of e-mail address.

MARKETING COMMUNICATION

Unless you decline to receive communications from Iristel or withdraw your consent at a later date, you agree that Iristel may send you communications by any means (including electronically or by phone) to inform you of new offers and promotions. You may contact the Iristel Customer Care Team to change your communication options or withdraw consent.

IRISTEL INC. PRIVACY POLICY

Iristel regards its Customer’s privacy as one of its most important values and believes that its Privacy Policy will give the Customer confidence whenever they use Iristel services. The following is a summary that outlines how Iristel collects, uses and discloses personal information

Purposes

Iristel collects personal information to:

i.   Help provide the Customer with better service delivery;

ii.   Better manage and operate its own day to day operations;

iii.   Understand each Customer’s needs in order to recommend appropriate products or services

iv.   Comply with legislative requirements;

v.   Prevent fraud and protect Iristel and its Customers from possible fraudulent actions;

Iristel will advise the Customer of the reason it collects personal information when or before such information is collected.

Consent

The Customer’s knowledge and consent to the collection, use or disclosure of personal information is required, except where inappropriate to do so.

Limits

Iristel will limit its collection of personal information to that which is necessary for the abovementioned purposes. This collection shall only be done by fair and lawful means.

Iristel will not use or disclose personal information for any purposes other than those for which it was collected, except with the consent of the individual or as required by law.

When we provide information to third parties, such parties are required to adhere to confidentiality agreements to ensure that the Customer’s information remains safe and secure.

Third parties include Iristel agents, other communications Service Providers (to enable service delivery outside Canada), Collection Agencies, emergency services and Law Enforcement Agencies.

Personal information shall be retained only as long as necessary for the fulfillment of those purposes.

Accuracy

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

Security

Personal information shall be protected by security safeguards appropriate to the sensitivity of the information. Each and every Iristel employee must abide by Iristel’s Privacy Policy.

Only authorized Iristel employees are permitted access to a Customer’s Personal information and such access is limited by need.

If a Customer calls Iristel’s Customer Care Team, with a concern or complaint for example, the Representative is allowed to access only the Personal Information that he or she needs to address that concern.

Customer Access

Upon request, the Customer shall be informed of the existence, use, and disclosure of his or her Personal Information and shall be given access to that information.

The Customer may challenge the accuracy and completeness of the information and have it amended as appropriate.

Definition: “Personal Information"

Means information about an identifiable individual and includes information about the Customer’s Iristel VoIP service selections.

Information that is publicly available (such as a public directory listing of a name or information that is printed on a business card - including the Customer’s address, telephone number and email address) and is not considered personal information.

Protecting the security and privacy of personal data is important to Iristel, therefore, Iristel conducts its business in compliance with applicable laws on data privacy protection and data security. The purpose of this privacy policy is to outline the personal information handling practices of Iristel. This policy applies to the use of information to conduct Iristel business or interact with customers or third parties.

a.   PURPOSES OF DATA COLLECTION:

Iristel collects personal information: (a) as agreed to and outlined in the Customer contract; (b) where applicable, with Customer consent; or (c) for the interest and operations of the business including but not limited for sales, marketing advertisement, promotions, and for advancing business.

Iristel’s business operations require Iristel to collect, use, and at times share personal information of various individuals in order to:

i.   Help provide the Customer with better service delivery;

ii.   Understand each Customer’s needs in order to recommend appropriate products or services

iii.   Better manage and operate its own day to day operations;

iv.   Comply with legislative requirements;

v.   Prevent fraud and protect Iristel and its Customers from possible fraudulent actions;

vi.   Provide marketing, including the development of business transactions, consumer satisfaction, and evaluating, improving and maintaining Iristel’s operations and consumer services;

vii.   Advance its sales purposes, including promotion and product introduction.

b.   TYPE OF DATA COLLECTED:

We collect personal data (e.g., names, addresses, telephone numbers, or e-mail addresses) in connection with the operation of our websites only when you have voluntarily provided such data to us (e.g., through registration, contact inquiries, surveys, etc.) and when we are entitled to process or use such data by virtue of permission granted by you or on the basis of a statutory provision.

As a general rule, we use such data only for the purpose for which you divulged the data to us, such as to answer your inquiries, process your orders or service requests, provide an invoice or grant you access to certain information or offerings.

Insofar as you have provided your consent or when we are otherwise legally entitled to do so, we will share your personal data with subsidiaries of Iristel, where applicable, for the purposes indicated above.

c.   WEBSITE:

Iristel continues to develop and improve its website(s) in order to protect and safeguard confidential and proprietary information, customers, and employees; and, when applicable, third party contractors. At times websites may automatically capture data when the user such as your computer software type, browser identification, operating system, the pages navigated to and the time spent online and other related internet traffic information.

Iristel collects certain personal information for the purposes set forth in this policy such as names and contact information.

Iristel may collect personal information from users and its customers. Individuals are not obligated to provide personal information, however Iristel may not be able to respond or address concerns without such information. Your personal information may be collected directly from you when completing forms; subscribing to Iristel communication or corresponding with Iristel by phone, e-mail or otherwise using our contact details.

Our use of your data is limited to this policy and we only use your data as expressly set out. If for any given reason you require the use of your data for alternative purpose not set forth in this policy, we will provide you with prior notice of such use.

d.   TRANSFER AND DISCLOSURE OF PRIVACY DATA:

If legally permitted to do so, Iristel may transfer personal data to courts, law enforcement authorities, regulators or attorneys if necessary, to comply with the law or for the establishment, exercise or defense of legal claims.

Recipients of personal data may possibly be located in countries outside of the European Economic Area, in which applicable laws do not offer the same level of data protection as the laws of the respective individual’s home country. In such cases and unless permitted otherwise by applicable law, IRISTEL takes measures to implement appropriate and suitable safeguards for the protection of personal data by other means.

e.   RETENTION PERIOD:

Unless explicitly indicated otherwise at the time of the collection of Business Partner Contact’s personal data (e.g. within a consent form accepted by Business Partner Contact), we erase personal data if the retention of the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed and no statutory retention obligations under applicable law (such as tax, commercial law, etc.) require us to further retain personal data.

f.   SECURING PERSONAL INFORMATION:

Iristel has established reasonable security measures to be implemented when dealing with privacy data. A security officer, who has been trained and experienced in managing information security, has been designated to be responsible for the overall compliance with these security measures. A security plan documents the various security measures adopted. Please contact the DPO for further questions or details on these security measures.

g.   IRISTEL AS DATA PROCESSOR:

This part of the Policy applies in all cases where Iristel collects, uses and transfers personal information as a processor on behalf of another Group Member, or on behalf of a third party under a contract evidenced in writing in a situation where the third party will be a controller (referred to as the "Client"). The principal areas in which Iristel acts as a processor include “Telecom products and services and, their Maintenance Support & Services” for our customers.

• Ensure compliance with the local law;
• Use personal information for a known purpose only and explain to individuals how that information will be used to the extent reasonably possible;
• Keep the personal information accurate and up to date;
• Comply with instructions from a Client, as required under the terms of its contract and notify other Group Members or any third-party sub-processor to whom the personal information has been disclosed;
• Respect and comply with the rights of individuals;
• Put in place appropriate technical and organizational measures to safeguard personal information processed;
• Have appropriately trained staff and support to ensure and oversee privacy compliance.

h.   FOR MORE INFORMATION:

IRISTEL provides support with any data privacy related questions, comments, concerns or complaints or in case a Customer wishes to exercise any of its data privacy related rights as mentioned in the section above.

The responsible Data Protection Officer (DPO) of Iristel can be contacted at dpo@iristel.com.

Any complaints related to data privacy, request for clarifications of the topics related to data privacy, requests to be removed from our marketing and sales databases, or other requests to amend your information can be raised by mail at privacy@iristel.com.

Mandatory Arbitration

Any dispute or claim between a Customer and Iristel arising out of, or relating to, Iristel’s services or devices provided by Iristel in connection with this Agreement shall be resolved by arbitration before a single arbitrator. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding.

Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

All claims shall be arbitrated individually and the Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process.

The arbitrator shall have no authority to award punitive damages. The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada, without regard to any conflict of law provisions.

The Customer and Iristel agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario.

The failure of Iristel to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Iristel’s services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This Agreement and the rates for services found on Iristel’s website constitute the entire agreement between the Customer and Iristel and it shall govern the Customer’s use of Iristel’s services.

This Agreement supersedes any prior agreements between the Customer and Iristel and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter between the Customer and Iristel, as regularly updated.

The failure of Iristel to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable.

Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their telecommunications services. If you have a complaint about your telephone, wireless, or Internet service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you, free of charge.

To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687

Services are offered on a monthly basis or subject to a commitment term as agreed by entering into a Service Agreement. Subsequent terms of the Agreement will be renewed automatically on a monthly basis at the existing rates unless you provide us with written notice of non-renewal. If you agreed to a commitment of 12 months or longer, we will notify you with 90 days before the expiry of your Service Agreement.

With the Tab program we are allowing you to pay a portion or the entire value of a device in equal monthly amounts over a determined period, as per the purchase option you select. You may remit payments at your convenience for any multiple of your monthly tab charge to reduce or clear the pending Tab balance. You are permitted one purchase per Line. Additional devices may be purchased once the pending Tab balance has been cleared in full.

You may use the Services only for your own lawful purposes. We may from time to time set out use policies and guidelines for the use of Services. Services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, racially or ethnically disparaging remarks. This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law.

We have built our network around sustaining high-speed data services; however, in times of network congestion, to ensure the best service experience for the majority of our customers, we reserve the right to prioritize the allocation of network resources to customers whose usage is below 10GB in a given month for satellite-served home network locations, below 20GB for non-satellite-served home network locations, or below 4GB while roaming outside the Iristel Wireless home network. There may be other factors such as weather, signal strength, device capabilities, technical limitations, or outages that could affect your data speed.

You must note that the service is provided for regular commercial and/or residential use only and we reserve the right to suspend or terminate the service if you are in breach of any use policies.

Loaner Devices may be available to customers electing month-to-month Home Phone or Internet Services. Home Phone & Internet Services facilitate the use of traditional wireless SIM Cards via cordless devices. From the date on which you receive the Loaner Device through the return date, title to the Loaner Device shall at all times remain vested in Iristel.

You must take reasonable and prudent precautions to protect the Loaner Device against damage, loss, or abuse while in your care, custody, and control. If the Loaner Device is lost, stolen or damaged, you must notify us immediately. Only Iristel may service the Loaner Device. You are responsible for repair or replacement costs if the Loaner Device is lost, damaged, or stolen while on loan.

You must return the Loaner Device within 30 days of your Service termination in working condition, undamaged, and including the original packaging and accessories received at time of shipment or activation. Failure to return a Loaner Device will result into charging your account with the purchase value of the device.

You understand that before returning the Loaner Device you must remove all your personal and confidential data. Iristel shall not be held liable for any files or data on the Loaner Device after its return.

You will receive an invoice within the first week of each month for the current month recurring charges and the usage charges incurred in the previous billing cycle. Invoices are due on the fifteenth day of the same month. Recurring charges are pro-rated from the service activation date until the end of the month. All rates are tax exclusive and any applicable tax will be indicated on the Iristel Wireless invoice. If you are exempted from payment of such taxes then you must provide an original government-issued certificate attesting to tax-exempt status.

A late payment charge applies when payment has not been received fifteen (15) days after the invoice date. This charge is a monthly compound rate of 1.5%.

Billing disputes must be reported to Customer Care/Billing Department (customercare@iristel.com / +1 (833) 474-7835 ) within 15 days of the invoice date or any such dispute may be deemed waived. It is your responsibility to verify the content of the invoices and report any errors or inconsistencies regarding the recurring and non-recurring charges billed therein. Recurring charges billed erroneously or over billed, will be credited the excess incurred within the previous 90 days of service. Non-recurring charges, including but not limited to usage charges, billed erroneously or over billed, will be credited the excess incurred, provided that a dispute has been received within 15 days of the invoice date.

Iristel Wireless accepts the following payment methods:

• Credit card withdrawals
• Online/Telephone Banking
• Checks
• Pre-authorized Payments. Your use of Services, after having submitted credit card information with the express request to be used for pre-authorized payments, validates Iristel Wireless’s processing of the provided information for the due charges. You must notify us of any changes in your payment information.

Iristel Wireless may disconnect your Service if any charge for Services is attempted on your credit card and declined and/or in the case of any other non-payment of account charges. In the case of termination of Service for non-payment, you will be fully liable to Iristel Wireless for all charges accrued to date of termination, as well as for charges incurred by Iristel Wireless owing to non-payment, such as (but not limited to) collection costs and attorney’s fees.

You understand that the information provided to Iristel Wireless in the sign-up process or thereafter may be used to determine your credit worthiness and assess your ability to meet the financial obligations under this Agreement. Not limited to the result of the credit verification, Iristel Wireless may request a security deposit of the minimum $100 which stands as the primary condition for providing the services. We will provide reasonable justification of the reasons for requesting a security deposit and we will keep a record of those reasons for as long as the security deposit is maintained. The Security Deposit may be returned to you after a period of minimum six (6) consecutive months of positive payment history. You may opt for using such amount against the outstanding balance of your account. Certain restrictions may apply to credit limits, services and features extended to you based on the result of the credit verification.

Subject to service termination, it may take up to 30 days to process your security deposit refund. You will be refunded any such amount unused for final billing. The Security Deposit will earn interest based on 1% above the Bank of Canada’s target for the Overnight Rate in effect at the time of the return, calculated monthly.

Iristel Wireless is using the major credit bureaus as its main source for collecting credit information and such inquiries will be visible on your credit report. You authorize Iristel Inc. and its agents or assigns to:

• Request and obtain personal information on an ongoing basis from credit bureaus from previously collected credit history information;
• Exchange personal information on an ongoing basis with credit bureaus in order to protect you, to ensure the completeness of the information and to maintain the integrity of the credit granting system;
• Co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to you and Iristel Wireless from fraudulent transactions;
• Disclose personal information where necessary to protect you and Iristel Wireless’s interests.
• You agree that Iristel Wireless may conduct a preauthorization on your credit card, in order to determine credit worthiness, which will imply blocking an amount at least equal to the first invoice. The amount will be released in 48 hours (Note: certain banks release the amount upon customer’s request).

We reserve the right, in our sole and absolute discretion, to refuse Tab purchases should we deem that our credit approval criteria are not met.

If you are not satisfied with the Services, you may return your Iristel Wireless device and terminate the Agreement and all Services at any time within 15 calendar days of the activation date (“Trial Period”). If you are a person with a disability, the Trial Period will be extended to 30 calendar days. Your termination of service during the Trial Period will exempt you from any recurring charges accrued and provided that your device meets the return conditions, you will not be charged an early termination fee. The device must be returned in like-new condition, including original manufacturer’s packaging, accessories and the purchase receipt. We reserve the right to charge you for any missing or damaged item. At our sole discretion, we may decline the return if your cumulated usage during the Trial Period exceeds fifty percent (50%) of your monthly usage allotment. Calling Iristel Wireless does not count towards said usage limit.

The early termination fee may be the remaining outstanding balance on your device discount, where the discount is split in equal monthly amounts over the course of the Agreement and such discount decreases with each month fulfilled. If no device discount is available then the early termination fee will be the lesser of $50 or 10% of the minimum monthly fee for the number of months remained unfulfilled.

You may request termination of Service or the account by submitting a termination request to our Customer Care Team (customercare@iristel.com) or by calling our Support line at +1 833 474-7835. Termination will be effective with such date indicated by your request. Upon termination of service, you will continue to be liable for all charges incurred to date of termination, including but not limited to an early termination fee and the outstanding Tab balance, if any applicable per your Service Agreement.

We may disconnect or terminate your Service if:

• You fail to pay an account that has been past due for more than 14 days;
• You fail to provide or maintain a reasonable security deposit or alternative when requested to do so;
• You agreed to a deferred payment plan and you fail to comply with the terms;
• You are in breach of the Agreement and Use policies;
• We reasonably suspect or determine that your account or Services are subject to fraudulent, unlawful or improper usage or usage that adversely affects the network or other Customers;
• You do not maintain Service usage within the prescribed credit limit or you are in breach of any limitations set out by us in any reasonable use policies.

Unless action is necessary to protect the Iristel Wireless network or we have reasonable suspicion of fraud activity under your account, we deem to provide you notice with at least 14 calendar days before disconnection. The notice will contain the reason for disconnection and the amount owing, the scheduled disconnection date, availability for a deferred payment plan and the contact information for the Finance and Legal Team. We will attempt to notify you at least 24 hours before the scheduled disconnection unless repeated attempts to contact you have failed. Disconnection may occur on weekdays between 8 a.m. and 9 p.m. or on weekends between 9 a.m. and 5 p.m., unless the weekday or weekend day precedes a statutory holiday, in which case disconnection will not occur after noon. The applicable time for disconnections is according to the time zone of your declared place of residence.

We may postpone your Service disconnection if a valid dispute is received before the scheduled disconnection date and we do not have reasonable grounds to believe that such dispute has been raised for the purpose of avoiding or delaying payment.

We will not send you an invoice for prepaid Services. You must keep a positive balance at all times with your prepaid account to enable use of the Services. To add funds (“Top Up”) you can either use prepaid vouchers or set-up your account for monthly “Top-Up” withdrawals. Prepaid funds are non-refundable.

Your prepaid Plan will automatically renew every thirty (30) days where sufficient funds are available in your account. Unused funds will be carried over; however, any included unused minutes, data or text messages will expire with the 30 days period. If you do not activate or renew a prepaid Plan and your account has unused funds, such funds usage will be subject to the standard outside prepaid Plan (“pay-per-use”) rates available at www.iristel.com.

You may Top Up your account at any time. The prepaid funds will remain valid for the time period specified at www.iristel.com and starting with the date and time of your Top Up (“Account Period”). Upon expiration of the Account Period you must Top Up within 7 calendar days to retain any unused prepaid funds. Your prepaid account will be permanently closed and your wireless number may be reassigned by Iristel Wireless at its sole discretion if no Top Up is performed within 90 days of the Account Period expiration.

If your device is lost or stolen, we will suspend your account and cancel any automatic Top Up withdrawal once you provide us notice. Your unused prepaid funds will continue to be valid for the Account Period and you must continue to Top Up with at least 7 calendar days of the Account Period expiration to retain the funds.

On occasion, Iristel Wireless may offer promotional packages (“Promotions”). By subscribing to a promotion, you accept the terms and duration described in the promotional literature or on the website. For more information on specific promotions you may contact our Customer Care Team or reach out to one of the local stores.

You acknowledge and agree that all content available on this website is protected by copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Iristel Wireless, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

Notwithstanding the above, you may print or download one copy of the materials or content on this website onto any single computer for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Iristel Wireless is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of Iristel Wireless.

You will be assigned a unique account number that will allow one invoice for all Iristel Wireless phone numbers. You authorize Iristel Wireless to link additional phone numbers to the primary account and agree to be financially liable for all charges by additional phone numbers, including enhanced Services or features.

Should the account be terminated for any reason, any additional phone numbers under the account will also be terminated unless an activation request per Iristel Wireless pricing in effect at that time is received.

Service is available in areas outside the Iristel Wireless network that are served by other cellular telephone service providers (“Roaming Partners”) which have partnered with Iristel Wireless for the provision of roaming services. Should you leave the Iristel Wireless network and use roaming services; you will be liable for all applicable charges levied by our Roaming Partners. For the network coverage and roaming charges please visit www.iristel.com. Roaming is not available through Home Phone Services, Home Internet or Multimedia Messaging Services (“MMS”) use.

POWER OUTAGE:

The Customer acknowledges and understands that Iristel’s services do not function in the event of a power failure. Should there be an interruption in the power supply, services will not resume until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to resuming services.

BROADBAND SERVICE OUTAGE:

The Customer acknowledges and understands that service outages caused by their Broadband Provider will prevent any calls from being made or received.

SERVICE OUTAGE DUE TO SUSPENSION OF THE CUSTOMER’S ACCOUNT:

The Customer acknowledges and understands that service outages due to suspension of services following billing issues will prevent any calls from being made or received.

OTHER SERVICE OUTAGES:

The Customer acknowledges and understands that if there is a service outage for any reason, such outage will prevent any calls from being made or received. Such outages may occur for a variety of reasons, including but not limited to, those reasons described elsewhere in this Agreement.

IMPORTANT INFORMATION ABOUT EMERGENCY 9-1-1 SERVICE: 

DESCRIPTION

VoIP services allow the Customers to make or receive telephone calls over the Internet to or from the Public Switched Telephone Network.

The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and the Customer acknowledges, understands and agrees that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.

DIFFERENCES TO TRADITIONAL TELEPHONE SERVICE

Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through Iristel will be handled differently than traditional telephone services.

The following provisions describe the differences and limitations of 9-1-1 emergency calls, and the Customer hereby acknowledges and understands that the Iristel service is not a traditional telephone service.

There are important differences between traditional 9-1-1 telephone services and the services provided by Iristel as set out in these Terms and Conditions. Customers must review the section below in its entirety.

PLACING 9-1-1 CALLS

If the Customer makes a 9-1-1 emergency call, Iristel will attempt to automatically route the Customer’s 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to the Customer’s address of record on his or her account.

However, due to the limitations of the VoIP telephone services, the Customer’s 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialing.

For example, the Customer’s call may be forwarded to a third-party, specialized call centre that handles emergency calls

This call centre is different from the PSAP (Public Safety Answering Point) that would answer a traditional 9-1-1 emergency call which has automatically generated the Customer’s address information. Consequently, the VoIP Customer will be required to provide his or her name, address, and telephone number to the call centre operator.

HOW YOUR INFORMATION IS PROVIDED

Iristel will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with the Customer’s account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain the Customer’s name, phone number or physical location.

Therefore, when making a 9-1-1 emergency call, the Customer must be prepared to immediately (confirm and) inform the dispatcher of his or her location and call-back number (or the location of the emergency, if different), since the operator may not have this information.

If the Customer is unable to speak, the dispatcher may not be able to locate him/her if the Customer’s location information is not up to date.

Failure to keep information current will result in a Customer not being able to communicate during a 9-1-1 call; and/or the emergency operator may assume that Customers are at the last registered address.

HOW YOUR INFORMATION IS PROVIDED

The Customer is responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) for his or her account.

If the Customer does not correctly identify the actual location where he/she is located, or if the Customers account information has recently changed or has otherwise not been updated, 911 calls may be misdirected to an incorrect emergency response site.

For example, if the Customer changes the address from which he or she uses their Broadfone or Broadfone PC Phone service, access to 9-1-1 service will not function properly.

Upon moving to a new address, or change of use of Broadfone or Broadfone PC Phone service, the Customer must immediately notify and advise Iristel by email or by telephone with the most current location information.

Failure to advise Iristel of any changes will adversely affect the ability to access the 9-1-1 Service. You may also update your most likely physical address online through the Iristel Portal.

HOW YOUR INFORMATION IS PROVIDED

For Auto Attendant Customers with their associated extensions, please note that only the main company number and the main company service address will be on file for 911, regardless of where the associated extension is located.

DISCONNECTIONS

During the 9-1-1 call, the Customer must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have the Customer’s number or contact information.

If the Customer is inadvertently disconnected, he/she must call back immediately.

Connection time: for technical reasons, including network congestion, it is possible that a 911 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls

9-1-1 CALLS MAY NOT FUNCTION

For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

• if your service or your system (service) access equipment fails or is not configured correctly;
• if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues;
• network or Internet congestion, network or Internet outage in the event of a power outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 911 emergency calls;
• Changing locations—if you move your system access equipment to a location other than that described in the Customer’s account information or otherwise on record with Iristel;
• Therefore, it is strongly advised that backup power supply be made available, such as a UPS.

INFORM OTHER USERS

The Customer must ensure full understanding of the 9-1-1 service limitations and is responsible for notifying, and agrees to notify, any user or potential users of VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein

IP RELAY 9-1-1:

The IP Relay service is not designed for emergency calling and it should not be used as a substitute for 9-1-1 calling

Access to 9-1-1 via IP Relay has certain limitations relative to Enhanced 9-1-1 service, which is available on most “traditional” telephone service. The 9-1-1 operator may not know where you are calling from unless you provide accurate location information (address) when asked.

9-1-1 emergency calls made using IP Relay may take longer to be connected to the correct 9-1-1 response center than calls made from a traditional wireline phone.

You should keep your address information current with your Service Provider as the operator may assume that you are at the address you submitted upon service registration if you are not able to speak during a 9-1-1 call.

When placing a 9-1-1 call, do not disconnect until told to do so by the operator, and place the call again if you are disconnected.

Make sure that you and any users of IP Relay are familiar with the nature and limitations of the 9-1-1 calls placed using the service. You may contact the Iristel Accessibility Team with any questions about 9-1-1 service on IP Relay.

LIABILITY:

Customers are advised to review this section with respect to Iristel’s limitations of liability

THE CUSTOMER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THESE 9-1-1 SERVICE DIFFERENCES. BY ACCEPTING THESE TERMS, THE CUSTOMER ACCEPTS IRISTEL VOIP SERVICES ON THESE TERMS, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST IRISTEL, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO THE IRISTEL 9-1-1 SERVICE. THE CUSTOMER ALSO AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ABOVE PERSONS FROM ANY SUCH CLAIMS FOR DAMAGES, INCLUDING LEGAL FEES. THE CUSTOMER’S WAIVER AND INDEMNITY IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

COLLECT CALL:

Iristel does not currently offer collect calls.

BROADBAND SERVICE OUTAGE:

The Customer acknowledges and understands that service outages caused by his/her Broadband Internet Service Provider will prevent Iristel services.

LOSS OF SERVICE DUE TO POWER FAILURE:

The Customer acknowledges and understands that the service does not work in the event of power failure and will resume when power is restored. A power failure or disruption may require a reset or reconfiguration of the equipment prior to restoration of the service.

SERVICE OUTAGE DUE TO SUSPENSION OF A CUSTOMER’S ACCOUNT:

The Customer acknowledges and understands that service outages due to suspension of the account as a result of billing issues will prevent all service elements from operating.

OTHER SERVICE OUTAGES:

The Customer acknowledges and understands that if there is an outage occurrence, for any reason; such outage may cause an interruption in all services, INCLUDING THE 9-1-1 SERVICE.

You are solely responsible for the security and integrity of your Iristel Wireless Service and you acknowledge that any usage charges resulting from unauthorized access to your handset by a known or unknown party will be invoiced.

You will receive your handset device ready for use in any wireless network, to the extent where technically or as otherwise permitted by another network. You may return the handset for a full refund or exchange it within 15 days of the purchase. One exchange is permitted and a restocking fee may apply. The Iristel Wireless handset must be returned in like-new condition, including original manufacturer’s packaging, accessories and the purchase receipt. At our sole discretion, we may decline the return if your cumulated usage exceeds the assigned limits for the Trial Period or charge you for a missing or damaged item.

If your wireless device is lost or stolen, you should immediately contact us to suspend the service and protect from unauthorized use. We may determine, in our sole reasonable discretion that your account is being used fraudulently and proceed with suspending the service, but we do not make any warranties or accept liability for the usage charges incurred to date of suspension. We do not charge a fee for suspending or reactivating the service. The monthly charges will continue to be billed on your account for the time of suspension. If you decide to terminate the service, you will be liable for any and all applicable fees incurred to date of termination.

Your device purchased from Iristel Wireless is subject to manufacturer’s warranty, which is typically valid for one year with your original purchase receipt. If you purchased a new device from Iristel Wireless that includes a limited warranty at the time of purchase, you must refer to the limited warranty documentation or access the manufacturer’s website for information on the limitation and disclaimer of certain warranties. If the device did not include a limited warranty at the time of purchase, you agree to accept the unit in question on an “as is” basis and you are not entitled to replacement or refund in the event of any defect. Iristel Wireless does not warrant the continuous functioning of all Services or equipment belonging to any third party. The equipment purchased may be delivered with a manufacturer’s warranty and it is understood that the Iristel Wireless warranty is in fact limited to the manufacturer’s warranty. Iristel Wireless may refuse to activate any equipment that does not comply with Industry Canada’s or its own network requirements.

If your device was purchased as part of an Agreement and is under warranty with Iristel Wireless or the manufacturer, you may request a free replacement for use during the repair period. If Iristel Wireless is unable to provide a replacement and you would otherwise incur a termination fee for cancelling the services, you may request to suspend the monthly service fees until such time as the device is repaired or a Loaner replacement is offered.

Notices to Customers shall be considered given on the date sent out by Iristel Wireless to the party concerned. You are responsible for notifying us of any changes in your email address by contacting customercare@iristel.com. Otherwise, we will continue to use the previous e-mail address until we have received notice of the address change.

We may from time to time change Services that are provided to you on a month to month basis by providing [30] days advance notice. We will provide notice by:

• Posting the change to www.iristel.com. You are required to verify the website regularly for any changes made or announced.
• Text message to your Iristel Wireless phone number.
• Electronic mail directed to the email address provided upon sign-up for Iristel Wireless’s Services, or to the current email address if we received notification that it has changed.

This Agreement may not be assigned in whole or in part by any Party without the prior written consent of the other Party except that Iristel Wireless may assign this Agreement without consent to any affiliated entity.

Iristel Wireless shall not be liable for any failure to provide its Services or any degradation of quality caused by any of the following:

• Act or omission of another carrier used for roaming purposes.
• Equipment, network or facility failure.
• Equipment, network or facility upgrade or modification.
• Equipment, network or facility shortage.
• Equipment or facility relocation.
• Force majeure events such as (but not limited to) acts of God, strikes, fire, war, riot, government actions.

Any other cause that is beyond Iristel Wireless ’s control, including without limitation the failure of an incoming or outgoing call to be connected or completed. This includes degradation of voice quality. Iristel Wireless’s liability for any failure or mistake shall in no event exceed service charges on account of the affected time period.

In no event shall Iristel Wireless be liable for indirect, consequential or economic loss or damage, including any damages, loss of profit, loss of earnings, financial loss, loss of business opportunities, death, personal injury, defamation or copyright infringement that results from material transmitted or received over the Iristel Wireless network, or any other loss however caused, resulting directly or indirectly in connection with these Terms and Conditions or the Services or any equipment, including any 911 calls, or from the use of the Iristel Wireless network by other telecommunications carriers. These limits apply to any act or omission of Iristel Wireless, its employees or agents, which would otherwise be a cause of action in contract, tort or any other doctrine of law.

No credit allowance will be given for interruptions caused by your negligence or by your willful acts, or for service interruption by the failure of your equipment.

The Customer agrees to defend, indemnify, and hold Iristel Wireless, its affiliates and agents and any other Service provider who furnish Services to the Customer in connection with this Agreement or Iristel Wireless’s Services, free from claims or damages by, or in the right of, the customer relating to this Agreement, Iristel Wireless’s Services or the device. This paragraph shall survive termination of this Agreement.

IRISTEL WIRELESS, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by Iristel Wireless to the Customer that has not been made publicly available.

Except as otherwise specified herein, the Customer and Iristel Wireless each expressly undertake to retain in confidence all information transmitted to them by the other party pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement.

The Customer and Iristel Wireless shall treat the terms and conditions of their Service Agreement as confidential; however, either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party’s business.

The receiving party’s obligation hereunder shall extend for two (2) years following the disclosure of the Confidential Information.

Unless the Customer consents in writing or disclosure is pursuant to a legal power, all information kept by Iristel Wireless, other than the Customer’s name and address, is considered confidential and will not be released to anyone, with the following exceptions:

• The Customer or his representative by law;
• Another telecommunications carrier (Local Number Portability) or other person(s) providing Services to a telecommunications carrier, provided that the information is to be used for the establishment of, or the efficient and cost-effective provision of wireless telephone Service. Disclosure is made on a confidential basis, with the information to be used solely for the indicated purpose;
• An agent retained by Iristel Wireless to collect outstanding balances owed by the Customer, or companies performing other administrative functions for Iristel Wireless, provided that the information is released solely for the indicated purposes;
• At the Customer’s request, to a third-party company providing directory listing Services, provided that the 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 the indicated purpose;
• To law enforcement agency, whenever we have reasonable grounds to believe that the Customer has knowingly supplied Iristel Wireless with false or misleading information or are otherwise involved in unlawful activities directed against Iristel Wireless. Upon request, the Customer may inspect any of the Iristel Wireless records related to his Service;
• A public authority or its agent if Iristel Wireless reasonably believes that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information.

Iristel Wireless does not guarantee the privacy of any communications while using the Iristel Wireless Service or equipment.

Iristel Wireless regards its Customer’s privacy as one of its most important values and believes that its Privacy Policy will give the Customer confidence whenever they use Iristel Wireless Services. Iristel Wireless is not liable for any lack of privacy which may be experienced by any Customer with regard to the use of the Services or any equipment.

Iristel Wireless collects personal information to:

• Prevent fraud and protect itself and its Customers from possible fraudulent actions;
• Help provide the Customer with better Service delivery;
• Understand each Customer’s needs in order to recommend appropriate products or Services;
• Better manage its own operations;
• Comply with legislative requirements;
• Evaluate your creditworthiness;
• Develop, enhance, market or provide products and services;

The Customer’s knowledge and consent to the collection, use or disclosure of personal information is required, except where inappropriate to do so. Iristel Wireless will limit its collection of personal information to that which is necessary for the above-mentioned purposes. This collection shall only be done by fair and lawful means. Iristel Wireless will not use or disclose personal information for any purposes other than those for which it was collected, except with the consent of the individual or as required by law.

The Personal information shall be as accurate, complete, and up-to-date as is necessary for its stated purpose. Upon request, the Customer shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. The Customer may challenge the accuracy and completeness of the information and have it amended as appropriate.

When we provide information to third parties, such parties are required to adhere to confidentiality agreements to ensure that the Customer’s information remains safe and secure. Third parties include Iristel Wireless agents, other communication Service provider, collection agencies, government agencies, emergency Services and law enforcement agencies, or other companies assisting us in fraud prevention or investigation. The information is not provided to other companies for marketing purposes. Personal information may be disclosed when:

• Trying to protect against or prevent actual or potential fraud or unauthorized transactions
• Investigating fraud which has already taken place.

Your personal identifiable information is kept secure. Only authorized employees, agents and contractors who have agreed to keep information secure and confidential have access to this information. Personal information shall be retained only as long as necessary for the fulfillment of its stated purpose.

During the registration process you will be required to choose a password that will be asked by one of our Customer Care representatives any time you will request information about your account or any type of changes. You are fully responsible for the confidentiality of your credentials and for any actions on your account. Any unauthorized use of your credentials or any breach of security must be reported immediately to Iristel Wireless.

“Personal Information” means information about an identifiable individual and includes Iristel Wireless Customer Service selection information; however, such information may be disclosed in confidence to its immediate legal and /or financial consultants as required.

Information that is publicly available (such as a public directory listing of a name or information that is printed on a business card – including the Customer’s address, telephone number and email address) is not considered personal information.

Iristel Wireless is committed to privacy and the protection of personal information used in the course of providing programs and Services. Iristel Inc. and its respective offices are subject to the Privacy Act. In addition, the Personal Information Protection and Electronic Documents Act and equivalent provincial/ territorial legislation extend privacy protection to govern the manner in which personal information is managed. If you have any questions, concerns, or comments about our privacy policy, you may contact us using security@iristel.com.

Unless you decline to receive communications from Iristel Wireless or withdraw your consent at a later date, you agree that Iristel Wireless may send you communications by any means (including electronically or by phone) to inform you of new offers and promotions. You may contact the Iristel Wireless Customer Care Team to change your communication options or withdraw consent.

Mandatory Arbitration: Any dispute or claim between a Customer and Iristel Wireless arising out of, or relating to, Iristel Wireless’s Services or devices provided by Iristel Wireless in connection with this Agreement shall be resolved by arbitration before a single arbitrator according to the applicable laws of the province in which the Customer resides. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding.

Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

All claims shall be arbitrated individually and the Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process. The arbitrator shall have no authority to award punitive damages. The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. However, if the dispute relates to a matter that should be brought before the Canadian Radio Television and Telecommunications Commission (CRTC) you agree that the CRTC will resolve the dispute.

If a dispute has not been resolved to your satisfaction by the Iristel Wireless Team, you may contact the Commissioner for Complaints for Telecommunications Services (CCTS): 

P.O. Box 81088 

Ottawa, Ontario, K1P 1B1. 

Toll-free: 1-888-221-1687. 

TTY: 1-877-782-2384. 

Fax: 1-877-782-2924. 

Email: response@ccts-cprst.ca. 

Website: www.ccts-cprst.ca.

This Agreement shall be governed by and construed in accordance with the laws of Ontario and the applicable laws of Canada, without regard to its conflict of law provisions. The Customer and Iristel Wireless agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario. The failure of Iristel Wireless to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Iristel Wireless’s Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

1. Introduction:

This Cookie Policy explains how Iristel ("we," "us," or "our") uses cookies and similar technologies on our website (the "Site"). By using the Site, you consent to the use of cookies as described in this policy.

2. What Are Cookies?:

Cookies are small text files stored on your device (computer, smartphone, tablet) when you visit websites. They help websites remember your preferences, enhance your user experience, and provide relevant information.

3. Types of Cookies We Use:

 -Essential Cookies: These cookies are necessary for the Site to function and cannot be switched off. They are usually set in response to actions like logging in, filling out forms, or setting your privacy preferences.

- Performance Cookies: 

These cookies collect information about how you use our Site, such as which pages you visit most often. The data collected is aggregated and anonymous. We use this information to improve the functionality of our Site.

- Functional Cookies: 

These cookies enable the Site to provide enhanced functionality and personalization, such as remembering your preferences. They may be set by us or third-party providers whose services we have added to our pages.

- Targeting/Advertising Cookies: 

These cookies track your browsing habits to make advertising more relevant to you. They may be used by third-party advertising networks to build a profile of your interests and show you relevant ads on other sites.

4. Managing Cookies:

You can control and manage cookies in your browser settings. Most browsers allow you to refuse cookies or delete them after they have been set. However, if you disable cookies, some features of our Site may not function properly.

5. Third-Party Cookies:

We may allow third-party service providers to place cookies on your device for analytics and advertising purposes. These third parties may use information about your visits to our Site and other websites to provide relevant advertisements.

6. How We Use Cookies:

- To remember your preferences and settings.

- To analyze site traffic and usage patterns.

- To deliver personalized content and advertising.

- To enhance the overall performance and user experience of the Site.

7. Changes to This Cookie Policy:

We may update this Cookie Policy from time to time to reflect changes in our practices or legal requirements. Any changes will be posted on this page, and the effective date will be updated accordingly.

1.1     Services are offered on a monthly basis or subject to a commitment term as agreed by entering into a Service Agreement. Subsequent terms of the Agreement will be renewed automatically on a monthly basis at the existing rates unless you provide us with written notice of non-renewal. If you agreed to a commitment of 12 months or longer, we will notify you with 90 days before the expiry of your Service Agreement.

2.1     You may use the Services only for your own lawful purposes. We may from time to time set out use policies and guidelines for the use of Services. Services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind. This includes, but is not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, provincial, national or international law.

2.2     We have built our network around sustaining high-speed data services; however, in times of network congestion, to ensure the best service experience for the majority of our customers, we reserve the right to prioritize the allocation of network resources to customers whose usage is below 10GB in a given month for home network locations, or below 6GB while roaming outside the Ice Wireless home network. There may be other factors such as weather, signal strength, device capabilities, technical limitations, or outages that could affect your data speed.

2.3     You must note that the service is provided for regular commercial and/or residential use only and we reserve the right to suspend or terminate the service if you are in breach of any use policies.

3.1     Loaner Devices may be available to customers electing month-to-month Home Phone or Internet Services. Home Phone & Internet Services facilitate the use of traditional wireless SIM Cards via cordless devices. From the date on which you receive the Loaner Device through the return date, title to the Loaner Device shall at all times remain vested in Ice Wireless. 

3.2     You must take reasonable and prudent precautions to protect the Loaner Device against damage, loss, or abuse while in your care, custody, and control.  If the Loaner Device is lost, stolen or damaged, you must notify us immediately. Only Ice Wireless may service the Loaner Device. You are responsible for repair or replacement costs if the Loaner Device is lost, damaged, or stolen while on loan.

3.3     You must return the Loaner Device within 30 days of your Service termination in working condition, undamaged, and including the original packaging and accessories received at time of shipment or activation. Failure to return a Loaner Device will result into charging your account with the purchase value of the device. 

3.4     You understand that before returning the Loaner Device you must remove all your personal and confidential data. Ice Wireless shall not be held liable for any files or data on the Loaner Device after its return.

4.1     You will receive an invoice within the first week of each month for the current month recurring charges and the usage charges incurred in the previous billing cycle. Invoices are due on the fifteenth day of the same month. Recurring charges are pro-rated from the service activation date until the end of the month. All rates are tax exclusive and any applicable tax will be indicated on the Ice Wireless invoice. If you are exempted from payment of such taxes then you must provide an original government-issued certificate attesting to tax-exempt status.

4.2     A late payment charge applies when payment has not been received fifteen (15) days after the invoice date. This charge is a monthly compound rate of 1.5%.

4.3     Billing disputes must be reported to Customer Care/Billing Department (customercare@icewireless.ca/ Toll Free  (1-855-474-7423) within 15 days of the invoice date or any such dispute may be deemed waived. It is your responsibility to verify the content of the invoices and report any errors or inconsistencies regarding the recurring and non-recurring charges billed therein. Recurring charges billed erroneously or over billed, will be credited the excess incurred within the previous 90 days of service. Non-recurring charges, including but not limited to usage charges, billed erroneously or over billed, will be credited the excess incurred, provided that a dispute has been received within 15 days of the invoice date.

5.1     Ice Wireless accepts the following payment methods:

•     Credit card withdrawals

•     Online/Telephone Banking

•     Checks

•     Pre-authorized Payments. Your use of Services, after having submitted credit card information with the express request to be used for pre-authorized payments, validates Ice Wireless’s processing of the provided information for the due charges. You must notify us of any changes in your payment information.

5.2     Ice Wireless may disconnect your Service if any charge for Services is attempted on your credit card and declined and/or in the case of any other non-payment of account charges. In the case of termination of Service for non-payment, you will be fully liable to Ice Wireless for all charges accrued to date of termination, as well as for charges incurred by Ice Wireless owing to non-payment, such as (but not limited to) collection costs and attorney’s fees.

6.1     You understand that the information provided to Ice Wireless in the sign-up process or thereafter may be used to determine your credit worthiness and assess your ability to meet the financial obligations under this Agreement. Not limited to the result of the credit verification, Ice Wireless may request a security deposit of the minimum $100 which stands as the primary condition for providing the services. We will provide reasonable justification of the reasons for requesting a security deposit and we will keep a record of those reasons for as long as the security deposit is maintained. The Security Deposit may be returned to you after a period of minimum six (6) consecutive months of positive payment history. You may opt for using such amount against the outstanding balance of your account. Certain restrictions may apply to credit limits, services and features extended to you based on the result of the credit verification.

6.2     Subject to service termination, it may take up to 30 days to process your security deposit refund. You will be refunded any such amount unused for final billing. The Security Deposit will earn interest based on 1% above the Bank of Canada’s target for the Overnight Rate in effect at the time of the return, calculated monthly.

6.3     Ice Wireless is using the major credit bureaus as its main source for collecting credit information and such inquiries will be visible on your credit report. You authorize Ice Wireless Inc. and its agents or assigns to:

•     Request and obtain personal information on an ongoing basis from credit bureaus from previously collected credit history information;

•     Exchange personal information on an ongoing basis with credit bureaus in order to protect you, to ensure the completeness of the information and to maintain the integrity of the credit granting system;

•     Co-operate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to you and Ice Wireless from fraudulent transactions;

•     Disclose personal information where necessary to protect you and Ice Wireless’s interests.

•     You agree that Ice Wireless may conduct a preauthorization on your credit card, in order to determine credit worthiness, which will imply blocking an amount at least equal to the first invoice. The amount will be released in 48 hours (Note: certain banks release the amount upon customer’s request).

6.4     We reserve the right, in our sole and absolute discretion, to refuse Tab purchases should we deem that our credit approval criteria are not met.

7.1 Wireless

7.1.1     If you are not satisfied with the Services, you may return your Ice Wireless device and terminate the Agreement and all Services at any time within 15 calendar days of the activation date (“Trial Period”). If you are a person with a disability, the Trial Period will be extended to 30 calendar days. Your termination of service during the Trial Period will exempt you from any recurring charges accrued and provided that your device meets the return conditions, you will not be charged an early termination fee. The device must be returned in like-new condition, including original manufacturer’s packaging, accessories and the purchase receipt. We reserve the right to charge you for any missing or damaged item. At our sole discretion, we may decline the return if your cumulated usage during the Trial Period exceeds fifty percent (50%) of your monthly usage allotment. Calling Ice Wireless does not count towards said usage limit.

7.1.2     The early termination fee may be the remaining outstanding balance on your device discount, where the discount is split in equal monthly amounts over the course of the Agreement and such discount decreases with each month fulfilled. If no device discount is available then the early termination fee will be the lesser of $50 or 10% of the minimum monthly fee for the number of months remained unfulfilled.

7.2 Home Phone

7.2.1     If you terminate your Home Phone Services within the first year of your Home Phone Agreement, you can apply to receive a refund for the price you paid for your Home Phone device (the “Hub”). The refund cannot exceed $75 and is subject to your Hub being returned to us in good-working condition, including original packaging, accessories and the purchase receipt. Termination within the first year will not exempt you from any other fees accrued through the effective date of your service termination. We reserve the right to deduct the replacement cost for any missing or damaged item.

7.3     You may request termination of Service or the account by submitting a termination request to our Customer Care Team (customercare@icewireless.ca) or by calling our Support line at +1 (855) 474-7423. Termination will be effective with such date indicated by your request. Upon termination of service, you will continue to be liable for all charges incurred to date of termination, including but not limited to an early termination fee and the outstanding Tab balance, if any applicable per your Service Agreement.

7.4     We may disconnect or terminate your Service if:

•     You fail to pay an account that has been past due for more than 14 days.

•     You fail to provide or maintain a reasonable security deposit or alternative when requested to do so.

•     You agreed to a deferred payment plan and you fail to comply with the terms.

•     You are in breach of the Agreement and Use policies.

•     We reasonably suspect or determine that your account or Services are subject to fraudulent, unlawful or improper usage or usage that adversely affects the network or other Customers.

•     You do not maintain Service usage within the prescribed credit limit or you are in breach of any limitations set out by us in any reasonable use policies.

7.5     Unless action is necessary to protect the Ice Wireless network or we have reasonable suspicion of fraud activity under your account, we deem to provide you notice with at least 14 calendar days before disconnection. The notice will contain the reason for disconnection and the amount owing, the scheduled disconnection date, availability for a deferred payment plan and the contact information for the Finance and Legal Team. We will attempt to notify you at least 24 hours before the scheduled disconnection unless repeated attempts to contact you have failed. Disconnection may occur on weekdays between 8 a.m. and 9 p.m. or on weekends between 9 a.m. and 5 p.m., unless the weekday or weekend day precedes a statutory holiday, in which case disconnection will not occur after noon. The applicable time for disconnections is according to the time zone of your declared place of residence.

7.6     We may postpone your Service disconnection if a valid dispute is received before the scheduled disconnection date and we do not have reasonable grounds to believe that such dispute has been raised for the purpose of avoiding or delaying payment.

8.1     General. 

We will not send you an invoice for prepaid Services. You must keep a positive balance at all times with your prepaid account to enable use of the Services. To add funds (“Top Up”) you can set-up your account for “Top-Up” withdrawals. Prepaid funds are non-refundable. The prepaid funds will remain valid for the time period specified at www.icewireless.ca and starting with the date and time of your Top Up (“Account Period”).

8.2     You may Top Up your account at any time. Upon expiration of the Account Period you must Top Up within 7 calendar days to retain any unused prepaid funds. Your prepaid account will be permanently closed and your wireless number may be reassigned by Ice Wireless at its sole discretion if no Top Up is performed within 90 days of the Account Period expiration.

8.3     If your device is lost or stolen, we will suspend your account and cancel any automatic Top Up withdrawal once you provide us notice. Your unused prepaid funds will continue to be valid for the Account Period and you must continue to Top Up with at least 7 calendar days of the Account Period expiration to retain the funds.

8.4     Weekly Plan. This Plan will automatically renew when your minutes or data allotment is depleted or at the expiration of the Account Period where sufficient funds are available in your account. Unused minutes or data will be carried over.

8.5    Monthly Plan. 

This Plan will automatically renew every thirty (30) days where sufficient funds are available in your account. Unused funds will be carried over; however, any included unused minutes, data or text messages will expire with the 30 days period. If you do not activate or renew the Plan and your account has unused funds, such funds usage will be subject to the standard outside the Plan (“pay-per-use”) rates available at www.icewireless.ca.

9.1     On occasion, Ice Wireless may offer promotional packages (“Promotions”). By subscribing to a promotion, you accept the terms and duration described in the promotional literature or on the website. For more information on specific promotions you may contact our Customer Care Team or reach out to one of the local stores.

10.1     You acknowledge and agree that all content available on this website is protected by copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Ice Wireless, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

10.2     Notwithstanding the above, you may print or download one copy of the materials or content on this website onto any single computer for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Ice Wireless is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited.

10.3     As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of Ice Wireless.

11.1     You will be assigned a unique account number that will allow one invoice for all Ice Wireless phone numbers. You authorize Ice Wireless to link additional phone numbers to the primary account and agree to be financially liable for all charges by additional phone numbers, including enhanced Services or features.

11.2     Should the account be terminated for any reason, any additional phone numbers under the account will also be terminated unless an activation request per Ice Wireless pricing in effect at that time is received.

12.1     Service is available in areas outside the Ice Wireless network that are served by other cellular telephone service providers (“Roaming Partners”) which have partnered with Ice Wireless for the provision of roaming services. Should you leave the Ice Wireless network and use roaming services; you will be liable for all applicable charges levied by our Roaming Partners. For the network coverage and roaming charges please visit www.icewireless.ca. Roaming is not available through Home Phone Services, Home Internet or Multimedia Messaging Services (“MMS”) use.

12.2     You agree that roaming services are intended to be used on an incidental, non-permanent basis only and you will not use the Service for the purpose of roaming permanently on a Roaming Partner’s network.

13.1     Services do not function in the event of a power failure. Should there be an interruption in the power supply; Services will not resume until power is restored. A power failure or disruption may require that you reset or reconfigure equipment prior to resuming Services. You acknowledge that the Services or access to the Services, public alerts or special needs Services, may not function correctly, or at all, in the following circumstances:

•     if your handset fails, is not configured correctly or does not meet Service requirements;

•     in the event of a network outage or extended power failure;

•     following suspension or termination of your Services or account;

•     Service interruption as a result of unpaid charges will prevent any calls from being made or received.

13.2     If the Service interruption occurred more than 24 hours you may request credit for the portion of recurring charges therein. No credit will be applied in case of Service interruption as a result of improper use of the wireless device, negligence or suspension following unpaid charges.

14.1     The Multimedia Messaging Service (“MMS”) is available to customers electing a Service Plan with data allowance and will operate only through the use of mobile internet. Ice Wireless makes no warranties regarding the successful delivery or receipt of MMS messages, to and from other wireless service providers.

14.2     We do not currently offer Collect Call or Operator Assistance.

15.1     You are solely responsible for the security and integrity of your Ice Wireless Service and you acknowledge that any usage charges resulting from unauthorized access to your handset by a known or unknown party will be invoiced.

16.1    Wireless. 

You will receive your handset device ready for use in any wireless network, to the extent where technically or as otherwise permitted by another network. You may return the handset for a full refund or exchange it within 15 days of the purchase. One exchange is permitted and a restocking fee may apply. The Ice Wireless handset must be returned in like-new condition, including original manufacturer’s packaging, accessories and the purchase receipt. At our sole discretion, we may decline the return if your cumulated usage exceeds the assigned limits for the Trial Period or charge you for a missing or damaged item. 

16.2     If your wireless device is lost or stolen, you should immediately contact us to suspend the service and protect from unauthorized use. We may determine, in our sole reasonable discretion that your account is being used fraudulently and proceed with suspending the service, but we do not make any warranties or accept liability for the usage charges incurred to date of suspension. We do not charge a fee for suspending or reactivating the service. The monthly charges will continue to be billed on your account for the time of suspension. If you decide to terminate the service, you will be liable for any and all applicable fees incurred to date of termination.

16.3     Your device purchased from Ice Wireless is subject to manufacturer’s warranty, which is typically valid for one year with your original purchase receipt. If you purchased a new device from Ice Wireless that includes a limited warranty at the time of purchase, you must refer to the limited warranty documentation or access the manufacturer’s website for information on the limitation and disclaimer of certain warranties. If the device did not include a limited warranty at the time of purchase, you agree to accept the unit in question on an “as is” basis and you are not entitled to replacement or refund in the event of any defect. Ice Wireless does not warrant the continuous functioning of all Services or equipment belonging to any third party. The equipment purchased may be delivered with a manufacturer’s warranty and it is understood that the Ice Wireless warranty is in fact limited to the manufacturer’s warranty. Ice Wireless may refuse to activate any equipment that does not comply with Industry Canada’s or its own network requirements.

16.4     If your device was purchased as part of an Agreement and is under warranty with Ice Wireless or the manufacturer, you may request a free replacement for use during the repair period. If Ice Wireless is unable to provide a replacement and you would otherwise incur a termination fee for cancelling the services, you may request to suspend the monthly service fees until such time as the device is repaired or a Loaner replacement is offered.

17.1     Notices to Customers shall be considered given on the date sent out by Ice Wireless to the party concerned. You are responsible for notifying us of any changes in your email address by contacting customercare@icewireless.ca. Otherwise, we will continue to use the previous e-mail address until we have received notice of the address change.

17.2   We may from time to time change Services that are provided to you on a month to month basis by providing [30] days advance notice. We will provide notice by:

•     Posting the change to www.icewireless.ca. You are required to verify the website regularly for any changes made or announced.

•     Text message to your Ice Wireless phone number.

•     Electronic mail directed to the email address provided upon sign-up for Ice Wireless’s Services, or to the current email address if we received notification that it has changed.

18.1     This Agreement may not be assigned in whole or in part by any Party without the prior written consent of the other Party except that Ice Wireless may assign this Agreement without consent to any affiliated entity.

19.1     Ice Wireless shall not be liable for any failure to provide its Services or any degradation of quality caused by any of the following:

•     Act or omission of another carrier used for roaming purposes.

•     Equipment, network or facility failure.

•     Equipment, network or facility upgrade or modification.

•     Equipment, network or facility shortage.

•     Equipment or facility relocation.

•     Force majeure events such as (but not limited to) acts of God, strikes, fire, war, riot, government actions.

•     Any other cause that is beyond Ice Wireless ’s control, including without limitation the failure of an incoming or outgoing call to be connected or completed. This includes degradation of voice quality. Ice Wireless’s liability for any failure or mistake shall in no event exceed service charges on account of the affected time period.

19.2     In no event shall Ice Wireless be liable for indirect, consequential or economic loss or damage, including any damages, loss of profit, loss of earnings, financial loss, loss of business opportunities, death, personal injury, defamation or copyright infringement that results from material transmitted or received over the Ice Wireless network, or any other loss however caused, resulting directly or indirectly in connection with these Terms and Conditions or the Services or any equipment, including any 911 calls, or from the use of the Ice Wireless network by other telecommunications carriers. These limits apply to any act or omission of Ice Wireless, its employees or agents, which would otherwise be a cause of action in contract, tort or any other doctrine of law.

19.3     No credit allowance will be given for interruptions caused by your negligence or by your willful acts, or for service interruption by the failure of your equipment.

20.1     The Customer agrees to defend, indemnify, and hold Ice Wireless, its affiliates and agents and any other Service provider who furnish Services to the Customer in connection with this Agreement or Ice Wireless’s Services, free from claims or damages by, or in the right of, the customer relating to this Agreement, Ice Wireless’s Services or the device. This paragraph shall survive termination of this Agreement.

ICE WIRELESS, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE EQUIPMENT CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

22.1     Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by Ice Wireless to the Customer that has not been made publicly available.

22.2     Except as otherwise specified herein, the Customer and Ice Wireless each expressly undertake to retain in confidence all information transmitted to them by the other party pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement.

22.3     The Customer and Ice Wireless shall treat the terms and conditions of their Service Agreement as confidential; however, either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party’s business.

22.4     The receiving party’s obligation hereunder shall extend for two (2) years following the disclosure of the Confidential Information.

22.5     Unless the Customer consents in writing or disclosure is pursuant to a legal power, all information kept by Ice Wireless, other than the Customer’s name and address, is considered confidential and will not be released to anyone, with the following exceptions:

•     The Customer or his representative by law

•     Another telecommunications carrier (Local Number Portability) or other person(s) providing Services to a telecommunications carrier, provided that the information is to be used for the establishment of, or the efficient and cost-effective provision of wireless telephone Service. Disclosure is made on a confidential basis, with the information to be used solely for the indicated purpose

•     An agent retained by Ice Wireless to collect outstanding balances owed by the Customer, or companies performing other administrative functions for Ice Wireless, provided that the information is released solely for the indicated purposes

•     At the Customer’s request, to a third-party company providing directory listing Services, provided that the 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 the indicated purpose

•     To law enforcement agency, whenever we have reasonable grounds to believe that the Customer has knowingly supplied Ice Wireless with false or misleading information or are otherwise involved in unlawful activities directed against Ice Wireless. Upon request, the Customer may inspect any of the Ice Wireless records related to his Service.

•     A public authority or its agent if Ice Wireless reasonably believes that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information.

22.6     Ice Wireless does not guarantee the privacy of any communications while using the Ice Wireless Service or equipment.

23.1     Ice Wireless regards its Customer’s privacy as one of its most important values and believes that its Privacy Policy will give the Customer confidence whenever they use Ice Wireless Services. Ice Wireless is not liable for any lack of privacy which may be experienced by any Customer with regard to the use of the Services or any equipment.

23.2     Ice Wireless collects personal information to:

•     Prevent fraud and protect itself and its Customers from possible fraudulent actions

•     Help provide the Customer with better Service delivery

•     Understand each Customer’s needs in order to recommend appropriate products or Services

•     Better manage its own operations

•     Comply with legislative requirements

•     Evaluate your creditworthiness

•     Develop, enhance, market or provide products and services

23.3     The Customer’s knowledge and consent to the collection, use or disclosure of personal information is required, except where inappropriate to do so. Ice Wireless will limit its collection of personal information to that which is necessary for the above-mentioned purposes. This collection shall only be done by fair and lawful means. Ice Wireless will not use or disclose personal information for any purposes other than those for which it was collected, except with the consent of the individual or as required by law.

23.4     The Personal information shall be as accurate, complete, and up-to-date as is necessary for its stated purpose. Upon request, the Customer shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. The Customer may challenge the accuracy and completeness of the information and have it amended as appropriate.

23.5     When we provide information to third parties, such parties are required to adhere to confidentiality agreements to ensure that the Customer’s information remains safe and secure. Third parties include Ice Wireless agents, other communication Service provider, collection agencies, government agencies, emergency Services and law enforcement agencies, or other companies assisting us in fraud prevention or investigation. The information is not provided to other companies for marketing purposes. Personal information may be disclosed when:

•     Trying to protect against or prevent actual or potential fraud or unauthorized transactions

•     Investigating fraud which has already taken place.

23.6     Your personal identifiable information is kept secure. Only authorized employees, agents and contractors who have agreed to keep information secure and confidential have access to this information. Personal information shall be retained only as long as necessary for the fulfillment of its stated purpose.

23.7     During the registration process you will be required to choose a password that will be asked by one of our Customer Care representatives any time you will request information about your account or any type of changes. You are fully responsible for the confidentiality of your credentials and for any actions on your account. Any unauthorized use of your credentials or any breach of security must be reported immediately to Ice Wireless.

23.8     “Personal Information” means information about an identifiable individual and includes Ice Wireless Customer Service selection information; however, such information may be disclosed in confidence to its immediate legal and /or financial consultants as required.

23.9     Information that is publicly available (such as a public directory listing of a name or information that is printed on a business card – including the Customer’s address, telephone number and email address) is not considered personal information.

23.10     Ice Wireless is committed to privacy and the protection of personal information used in the course of providing programs and Services. Ice Wireless Inc. and its respective offices are subject to the Privacy Act. In addition, the Personal Information Protection and Electronic Documents Act and equivalent provincial/ territorial legislation extend privacy protection to govern the manner in which personal information is managed. If you have any questions, concerns, or comments about our privacy policy, you may contact us using security@icewireless.ca.

24.1     Unless you decline to receive communications from Ice Wireless or withdraw your consent at a later date, you agree that Ice Wireless may send you communications by any means (including electronically or by phone) to inform you of new offers and promotions. You may contact the Ice Wireless Customer Care Team to change your communication options or withdraw consent.

25.1     Mandatory Arbitration: Any dispute or claim between a Customer and Ice Wireless arising out of, or relating to, Ice Wireless’s Services or devices provided by Ice Wireless in connection with this Agreement shall be resolved by arbitration before a single arbitrator according to the applicable laws of the province in which the Customer resides. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding.

25.2     Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

25.3     All claims shall be arbitrated individually and the Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process. The arbitrator shall have no authority to award punitive damages. The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. However, if the dispute relates to a matter that should be brought before the Canadian Radio Television and Telecommunications Commission (CRTC) you agree that the CRTC will resolve the dispute.

25.4     If a dispute has not been resolved to your satisfaction by the Ice Wireless Team, you may contact the Commissioner for Complaints for Telecommunications Services (CCTS): P.O. Box 81088 Ottawa, Ontario, K1P 1B1. Toll-free: 1-888-221-1687. TTY: 1-877-782-2384. Fax: 1-877-782-2924. Email: response@ccts-cprst.ca. Website: www.ccts-cprst.ca.

26.1     This Agreement shall be governed by and construed in accordance with the laws of Ontario and the applicable laws of Canada, without regard to its conflict of law provisions. The Customer and Ice Wireless agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario. The failure of Ice Wireless to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Ice Wireless’s Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

27.1     If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.