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Descriptions of services as below are to the Site(s) as specified by Customer and accepted by iTel.
iTel installs only up to the main demarc of the main building at the Site. For clarity, any reference to the Demarcation Point or Demarc will not include extension to any suite or unit, even if they are referenced per Section 2: Customer Site in the Service Agreement.
“Services” means provision of DSL Internet Services and an DSL modem at the Site.
Demarcation Point will be the RJ45 Connector at the Site.
“Services” means provision of an Analog (POTS) Line over a copper connection for the use of landline or fax services.
Demarcation Point will be the RJ45 Connector at the Site.
“Services” means provision of an EVC or port to connect Customer’s network to the closest cloud on-ramp data center.
Demarcation Point is the Managed Network Handoff at the data center
“Services” means provision of Cable Internet Services and a Cable modem at the Site.
Demarcation Point will be the RJ45 Connector at the Site.
“Services” means provision of Fibre Internet Services at the Site.
Demarcation Point will be the RJ45 or SM LC Fiber Connector at the Site.
“Services” means the provision of non-dedicated, Fibre-based services to the customer demarc.
“Services” means the provision of an Access, EVC and Internet Gateway.
Demarcation Point will be the RJ45 or SM LC Fiber Connector at the Site.
The iTel Ethernet Service is made up of 3 components: Access, EVC and Gateway Access
“Services” means provision of Layer 2 Cable services over coaxial cable for the purposes of Wide Area Network (WAN) voice or internet services from the Site to the iTel backbone network.
Demarcation Point will be the RJ45 connector at the Site.
“Services” means provision of Layer 2 DSL services over copper for the purposes of Wide Area Network (WAN) voice or internet services from the Site to the iTel backbone network. Demarcation Point will be the RJ45 connector at the Site.
“Services” means provision of a virtual PBX to be hosted by iTel in an iTel data center.
“Services” means provision and supply of Internet gateway utilizing wireless connections (3G, 4G LTE, 4G LTE-A, 5G).
Demarcation Point will be the Hub / Modem at the Site.
“Services” means provision and management of a router ordered and/or required for ordered services between the public internet or WAN and the private LAN.
Demarcation Point is the Managed Network Handoff at the Service Location.
“Services” means provision and management of a switch(es) ordered and/or required for ordered services between the public internet or WAN and the private LAN.
Demarcation Point is the Managed Network Handoff at the Service Location.
“Services” means the provision and active monitoring of an iTel-provided internet service via an ITEL provided gateway or customer provided SNMP data to allow ITEL to have visibility and statistics to the customer premise Customer is provided with an online portal to view their connection statistics and uptime.
Demarcation Point is the Managed Network Handoff at the Service Location.
“Services” means provision of a network Gateway device or Router capable of failing over to a secondary iTel-provided internet service.
Demarcation Point is the Gateway or Router (NID) at the Service Location.
“Services” means activation of advanced threat protection licensing on router or firewall appliance (UTM). Services include configuration of best practice, firewall configuration and management and configuration of VPN’s.
Demarcation Point is the Managed Network Handoff at the Service Location.
“Services” means provision and management of all the necessary routing, switching and network hardware to allow iTel to have end to end visibility and control of handsets, local network elements, WAN connection and PBX.
Demarcation Point is the Managed Network Handoff at the Service Location.
“Services” means provision of an EVC or port to connect Customer’s network to the closest cloud on-ramp data center.
Demarcation Point is the Managed Network Handoff at the data center.
“Services” means provision of a Primary Rate Interface (bi-directional voice channels) to the CPE (Customer Premise Equipment).
Demarcation Point will be the PRI Port at the Site.
“Services” means provision and ship equipment ordered by the Customer.
Demarcation Point is not applicable for this Service.
“Services” means provision of a last mile service delivered via a licensed satellite link between the exterior of the client’s building at a Site and iTel’s network.
Demarcation Point will be the Network Interface Device (NID) at the Site.
“Services” means the SpaceX provided two-way satellite-based internet service receivable with a StarLink dish, Wi-Fi router, power supply and mounts (“StarLink Kit” or “Kit”). The StarLink Kit and Services are novel, under development, and subject to change. StarLink performance goals will be amended from time to time based on experience and innovation.
SLO:
Service Plan | Service | Latency (ms) | Expected Download (Mbps) | Expected Upload (Mbps) | Allowable Data |
FIXED LAND BASED PRIORITY PRIORITY – 40GB, PRIORITY – 1TB, PRIORITY – 2TB | ≥99% | 25-60 ms | 40-220 | 8-25 | Priority Access is limited to subscribed plans, followed by unlimited Standard Access for the rest of the billing month. |
MOBILE PRIORITY PRIORITY – 50GB PRIORITY – 1TB PRIORITY – 5TB | ≥ 99% | > 99 ms | 40-220 | 8-25 | Priority Access is limited to subscribed plans, followed by unlimited Standard Access for the rest of the billing month. |
“Services” means provision of a Managed SD-WAN Appliance which will utilize either existing internet connections or connections provided in a subsequent iTel Service, to bond up to 5 different internet connections into a single high-availability connection with the combined speeds of the individual connections. SD-WAN can also be used for connection failover or to create a fully meshed L3-VPN.
Demarcation Point will be the SD-WAN Connection at the Site.
“Services” means provision of Primary Rate Interface (bi-directional voice channels) over an iTel-provided connection, utilizing a SIP to PRI media gateway.
“Services” means provision the use of virtual channels, hosted by either an iTel Hosted PBX or Customer equipment and PBX or Hosted PBX.
“Services” means provision of virtual resources within iTel’s Cloud environment
“Services” means provision of a local access circuit from each Site to the iTel backbone network or to provision a Wavelength private line circuit between locations.
Demarcation Point will be the SMF LC Connector at the Site.
“Services” means the provision of a last mile service delivered via a licensed point to point radio link between an antenna mounted on the wall or rooftop of the client’s building at the Site and iTel’s network.
Demarcation Point will be the Access Port on the Network Interface Device (NID) at the Site.
These Acceptable Use Policies (“Policy” or “Policies”) govern the Customer’s use of Services (the “Service”)provided by iTel Networks Inc (“iTel”) and any devices and/or equipment used to support the Service(s). This includes, without limitation, any equipment or software (collectively, the “Equipment”)used in conjunction with the Service which is provided to the Customer by iTel for the Customer’s use solely in connection with the Service .
iTel has designed these Policies to prevent unacceptable or unlawful use of our Service(s) and equipment. iTel’s Customers are responsible for ensuring that the use of all Services provided to them complies with these Policies.
iTel may take responsive action if it believes, in its sole discretion, that a violation of this Policy has occurred. The Customer will be solely responsible and liable regardless of whether the violation is caused directly, indirectly, or by a third party either with or without the Customer’s knowledge. iTel is entitled to remove any offending material, establish immediate or temporary filtering, deny access, suspend or terminate the Service(s), or take any other appropriate action, as determined by iTel. This will be in addition to any remedies provided by any agreement to provide the Service(s).
Incidents involving violations of these Policies may be investigated by iTel, and such violations may subject the Customer to civil or criminal liability. In the event of a criminal violation or investigation, iTel will cooperate fully with law enforcement.
iTel may also cooperate with other Service Providers to ensure iTel’s Customers comply with their Policies and Procedures.
Customer agrees that while the contractual relationship with iTel is governed by the law specified in Customer’s service agreement with iTel, other national or international laws may be applicable in respect of iTel’s supply of the Services. Infringement of those laws constitutes a breach of this Policy and iTel will be permitted to take action in response to such a breach in accordance with this Policy.
iTel can make changes to any AUP at any time by posting the updated policy at itel.com/legal and giving Customer notice in accordance with Customer’s service agreement. Customer is responsible for checking this website regularly for updates. Any changes to the Policy will take effect in accordance with the terms of Customer’s service agreement. If there is any inconsistency between Customer’s service agreement and this Policy, this Policy will apply.
Questions and Complaints:
PROHIBITED ACTIVITIES1. Security Violation
1.1 iTel Networks Inc (“iTel”) Services must not be used directly or to assist others to breach the security of any network, account, service, or any other system of iTel. It must also not be used to breach the security of, or to gain unauthorized access to another network or system. Other security breaches include, but are not limited to:
1.1.1 Interfering with service to any user, host or network (“denial of service attacks”) including, but not limited to, mail bombing, flooding of networks, deliberate attempts to overload a service or attempts to crash a host;
1.1.2 Attempting to gain access to any other person’s computer, software or data, without their prior knowledge or consent;
1.1.3 Using or distributing tools designed to compromise security, such as password guessing programs, cracking tools, packet sniffers or network probing tools; and
1.1.4 Circumventing user authentication or security of any host, network or account (“cracking” or “hacking”).
2. Illegal/Criminal Activity
2.1 iTel’s Services must not be used for any activity that in iTel’s sole judgement violates any local, provincial, federal, international or any other applicable law or regulation, including the distribution or storage of materials that are contrary to any applicable law or regulation. Prohibited activities include, but are not limited to:
2.1.1 Transmitting offensive materials, including obscene, pornographic, indecent, hateful, defamatory or otherwise objectionable material;
2.1.2 Posting any content that threatens, advocates, promotes or otherwise encourages violence or which provides instruction, information or assistance in causing or carrying out such violence;
2.1.3 Violating the personal privacy of another individual; and
2.1.4 Infringing copyrights, trademarks, trade secrets, patents or any other type of intellectual property.
3. Email Violations
3.1 iTel’s Services must not be used by any customer (or any of their customers) to send messages (including fax and voice traffic) that have, in iTel’s sole judgement, the effect of preventing fair and proportionate use of iTel’s Services by others. Other email violations include, but are not limited to:
3.1.1 Operating an unsecured email relay;
3.1.2 Spamming, whereby the customer sends numerous copies of the same or substantially similar messages to many account holders or sending large or multiple files or messages to a single user with malicious intent;
3.1.3 Sending unsolicited bulk messages, including, commercial advertising, unsolicited commercial messages, chain letters, charity requests, petitions for signatures and political or religious messages;
3.1.4 Advertising, transmitting, or in any way providing any software, program, product, or service that facilitates a violation of this AUP or is designed to violate the iTel AUP or the AUP of any other Internet Service Provider.
3.1.5 Spamming indirectly through the use of other service providers or transmitting email or content through other service providers in a way which indicates in any way that iTel was involved in the transmission of such email or content;
3.1.6 Sending messages to any user who does not wish to receive it, either to iTel account holder or otherwise;
3.1.7 Posting binary files to non-binary newsgroups;
3.1.8 Altering the headers of email messages for the purpose of concealing the recipient’s or sender’s identity, or any other illegitimate purpose; and
3.1.9 Attempting to evade filters of spamming
1. Uses and Restrictions
1.1 As specified in the applicable service appendix, the Customer may only use the Service from the Customer’s equipment located at the Customer’s service location. The Services are only to be used for normal business calling purposes such as person to person conversations or voice messages.
1.2 The Service may not be used for any activity that violates any local, provincial, state, federal, international or other applicable law or regulation.
1.3 If iTel Networks Inc. (“iTel”) believes, in its sole judgment, that a violation of this AUP has occurred (whether direct or indirect), it may take any responsive actions it deems necessary, including suspending or terminating the Services.
1.4 Customer abuse or misuse of the Service or breach of any term contained in this AUP may result in the Service being terminated by iTel.
1.5 Customer may not use the Service for any applications which exceed the network resources for which customer has contracted for under the applicable Service Appendix by more than 120%.
1.6 Customer is solely responsible for use of the Service provided to it by iTel, regardless if such use occurred without the customer’s consent or knowledge.
1.7 Customer is required to contact iTel before using any medical monitoring devices through the service.
2. Automatic-Dialing Announcing Devices
2.1 iTel enforces all Canadian Radio-television and Telecommunications Commission (CRTC) and Federal Communications Commission (FCC) rules on Automatic-Dialing Announcing Devices (“ADAD”) and Robocalls and unsolicited voice and facsimile calls made for the purpose of solicitation. Restricted uses include providing altered, deceptive, or false information about the identity of the sender or the origin of a message or phone call. If Customer is found to be in violation of these restrictions, or those posted by the CRTC or FCC, iTel may at its sole discretion terminate all Services immediately. The use of ADAD or Robocalls to make unsolicited calls for the purpose of solicitation, or to place calls to emergency lines or healthcare facilities is strictly prohibited.
2.2 The same restrictions that apply to ADAD and Robocalls apply to unsolicited voice and facsimile calls made for the purposes of solicitation. Persons placing unsolicited voice or facsimile calls to solicit are to ensure that an individual’s request not to be called again is respected. The individual’s name and telephone number must be removed from calling lists within 30 days of receipt of the request.
3. Security Codes
3.1 Customer is solely responsible to maintain the confidentiality of any security codes for customer’s voice mail or other accounts.
This document will outline the process for change management activities for services provided by iTel to its Customers. Change activities are defined as any request to perform maintenance or to alter established services. A change can be initiated by iTel or the Customer.
In order to upgrade, expand, repair and maintain our network, we may be required to schedule an event that may impact your service. We define two types of change events.
1.1 Scheduled Maintenance
1.1.1 Scheduled Maintenance shall mean any maintenance activities planned during a standard Maintenance Window, which will be service impacting, or may pose a threat to the provided service. Customers shall be notified of any Scheduled Maintenance in advance of the planned activity. In each case we review and organize the technical procedures to minimize the disruption to your service. Our Network Operations Center tracks each event to conclusion.
1.1.2 iTel’s Standard Maintenance Window: 00:01 AM – 06:00 AM local time (Sunday – Preferred)
1.1.3 Our notification will be emailed to the technical contact(s) provided at the beginning of the implementation process or the contact iTel has on file. Changes to Customer contacts should be emailed to [email protected].
1.1.4 Notification will include the circuit identifier, date, time, expected duration, planned activity description and a ticket number. A response is not required.
1.2 Emergency Maintenance
1.2.1 On occasion iTel may need to react quickly to address an emergency issue. Emergency Maintenance shall mean any maintenance which cannot be performed during a Scheduled Maintenance Window. Emergency Maintenance activities may occur without notification and may be service impacting.
1.3 Questions
1.3.1 Any inquiries regarding a change activity may be made by reply to the email notification or by contacting the iTel Network Operations Center (NOC) at [email protected] or 1.888.899.iTel (4835) Option 2
We understand that our Customers may require changes to their service from time-to-time.
2.1 Customer Requested Service Changes
Customers may request changes to an established service by emailing [email protected] The request should include:
2.1.1 iTel will acknowledge receipt of the requested change within 24 business hours. Each change will be reviewed with our technical operations and engineering teams and your dedicated representative. iTel will then confirm the change activity with the Customer, including the completion date and any change fees (if applicable) for approval prior to proceeding with the change.
2.1.2 A Customer-approved change will engage the change administration process and be billed according to this Change Management document and, if applicable, any additional quoted and approved costs incurred for materials and/or labour.
2.1.3 In order to make any changes to your account, the change must be requested by an authorized representative and the account must be in good standing.
2.2 Customer Maintenance Activities
2.2.1 Customer maintenance activities are important to iTel. We ask that customers provide a minimum of ten (10) business days advance notice of possible service impacting activities. These include but are not limited to, building maintenance activities or customer premise equipment changes. Notice of maintenance activities should be emailed to [email protected].
2.2.2 The request should include:
2.3 Notifications
2.3.1 Customers should report the completion of the planned activity to the iTel Network Operations Center (NOC) at [email protected] or 1.888.899.4835 Option 2.
The IP Relay Service allows you to communicate via text online using web-capable devices through a chat interface and a third-party operator.
The IP Relay Service will enable faster communications with the relay operator and allow you to see more of the conversation on your computer screen than what can be seen on a TTY window.
To start using the IP Relay Service, you must first Sign Up for the iTel IP Relay Service by emailing [email protected]
Once you have submitted your registration for IP Relay service, a group dedicated to addressing our customers’ accessibility needs will contact you within 1 to 2 business days confirming that your registration has been successful.
Once registered you can log in to Ip Relay Portal on any internet connected device via: https://iprelay.northern911.com/
Calls placed through the iTel IP Relay Service are entirely confidential. IP Relay agents are professionally trained and follow a strict code of ethics. No record of conversation content is retained.
In order to initiate a text to voice call, go to https://iprelay.northern911.com/ and log in with your IP Message Relay Username and password.
Voice Users will need to know your IP Message Relay Username in order to place a voice to text call. Voice Users can call (855) 871-1171 to connect with an IP Message Relay operator. You must be logged in to the IP Message Relay portal to receive calls.
While logged in to your IP Message Relay account, select the appropriate button: 911 – Police / 911 – Fire / 911 – Ambulance. The IP Message Relay Operator will contact 911, confirm your address and translate with various emergency centers until he or she is no longer required and the appropriate department has been dispatched to your location.
An operator service that allows people who are deaf, hard–of–hearing, speech-disabled, or deaf-blind to place calls to standard telephone users via a keyboard or assistive device. A specialized operator acts as an intermediary for the two parties.
Message Relay Service (MRS) is a confidential relay service. Persons with a hearing or speech impairment call MRS using a Teletypewriter (TTY). Their typed message is received at MRS, the operator places their call and verbally relays their typed message to the other party.
Email us for more info about iTel Relay Services
VoIP services allow you 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 you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.
Neither iTel Networks Inc, its affiliates or any of their respective officers, directors, employees, or agents may be held liable for (i) any claim, damage, or loss (including but not limited to profit loss), or (ii) any damage as a result of service outage or data loss. The Customer hereby waives any and all such claims or causes of action, arising from or relating to any service outage and/or inability to dial 911 from his Customer phone line or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of iTel Networks Inc. Subject to the provisions of this agreement, iTel Networks Inc does not provide any other warranties of any kind either express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose.
The Customer agrees to defend, indemnify, and hold harmless iTel Networks Inc, its affiliates, and their respective officers, directors, employees, agents, legal representatives and any other service provider that offers services to the Customer or iTel Networks Inc. in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs, expenses, legal fees, etc., by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including 911 dialling and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls.
Include them with every handset to inform users of e911 restrictions. Printed guides and stickers can be provided on request.
Please use one of the following two options to keep your service address current.
Our Commitment to You
iTel’s core business is providing Data, Networking, Voice and Cloud Services and such other products and services that iTel may provide from time to time. iTel has always been and will continue to be committed to protecting Personal Information. iTel has established its Privacy Policy using the ten principles set out in the National Standard of Canada entitled Model Code for the Protection of Personal Information. These ten principles are the following:
iTel relies on these ten principles to protect the Personal Information collected from its Customers, Employees, its Applications, and Web Site Users. iTel has established its Privacy Policy in accordance with The Personal Information Protection and Electronic Documents Act (“PIPEDA”).
Definitions
“iTel”, “we” or “our”:
iTel Networks Inc., including its respective partners, associates, affiliates, and subsidiaries, as they may exist from time to time.
Business Contact Information:
Means any information that is used for communicating or facilitating communication with an individual in relation to their employment, business, or profession such as the individual’s name, position name or title, work address, work telephone number, work fax number or work electronic address.
“Customer”, “you” or “your”:
Means an individual who: (a) has an account with iTel; (b) subscribes for, uses, has used, or applies to use iTel’s products and/or services; (c) corresponds with iTel; (d) is a Web Site or Applications User; and/or (d) enters a contest sponsored or administered by iT1el.
Employee:
Any individual who works for, or provides labour to iTel or one of its subsidiary companies in exchange for wages or salary.
Personal Information:
Means information about an identifiable individual.
Web Site or Application User:
Means a user of a website or application owned, controlled or managed by iTel from which iTel collects Personal Information.
Frequently Asked Questions
3.1 What type of Personal Information does iTel collect?
3.1.1 iTel will collect information about you when you apply for any of iTel’s products and/or services, and as part of your use of those products and/or services. The type of information we collect varies based on the product or service you have requested. The Personal Information most often collected and maintained in a Customer file may include (but is not limited to) name, address for service, mailing address, phone number(s), a piece of acceptable identification, alternate contact information, banking information for payment, non-iTel email address (i.e. if you are an eBill user or if you are a iTel customer subscribing to one of our newsletters), credit card information for payment, credit rating/score, and your product/service usage data.
3.1.2 The Personal Information most often collected and maintained in an Employee or applicant for employment file may include, as appropriate, (but is not limited to) Business Contact Information, home address, home phone number(s), emergency contact information, date of birth, Social Insurance Number, banking information, past employment information, resumes, reference letters, earnings information, performance reviews/letters, dependant and beneficiary information.
3.1.3 The Personal Information most often collected in relation with Web Site Users may include (but is not limited to) name, phone number, and email address.
3.2 Why does iTel collect and use Personal Information?
3.2.1 iTel collects and uses Customer’s Personal Information for the following purposes, to:
3.2.2 iTel collects Web Site User’s Personal Information for purposes generally identified on the iTel website at the time of collection. These purposes may include to:
3.2.3 When iTel chooses to use Personal Information for a purpose not previously identified, iTel will identify the new use. Unless such new use is required or permitted by law, in accordance with PIPEDA, the consent of the Customer, Employee or Web Site User is required before the Personal Information can be used for that new purpose.
Use of Cookies: During a Web Site User’s interaction with one of iTel’s websites, iTel may use a browser feature called a “cookie” to collect information anonymously and track user patterns on iTel’s websites. A cookie is a small text file containing a unique identification number that identifies a Web Site User’s browser – but not the Web Site User personally – to iTel’s computers, each time a Web Site User visits one of the iTel websites using cookies. Cookies tell iTel which pages of its websites are visited and how many people visited each web page. This helps iTel to enhance the on-line experience of visitors to the iTel websites. Cookies also serve to identify your computer so that your preferences can be saved for future visits, and iTel works with third parties that use these cookies to help us with such traffic management, research, and analytics.
The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to use some of the features available on iTel’s websites.
3.3 How does iTel obtain your consent?
Consent is generally required for the collection of Personal Information and the subsequent use or disclosure of the Personal Information. Consent can be either express or implied. The form of consent sought by iTel may vary, depending upon the circumstances and the type of Personal Information. In determining the form of consent to use, iTel considers the sensitivity of the information and your reasonable expectation, so that you understand the nature, purpose, and consequences of the collection, use and/or disclosure of Personal Information. iTel generally seeks express consent when the Personal Information is likely to be considered sensitive. Implied consent is typically appropriate when the Personal Information is less sensitive.
Business Contact Information can be used by iTel without consent solely for facilitating communication between iTel and an employee, in relation to his/her employment, business, or profession.
In addition, in exceptional circumstances, as permitted by law, iTel may collect, use, and/or disclose Personal Information without a Customer’s, Employee’s or Web Site User’s knowledge or consent.
Consent may be obtained in any one of the following ways:
In general, the use of products and services by a Customer, or a Web Site User’s use of iTel websites, or the acceptance of employment or benefits by an Employee, will constitute implied consent required by iTel to collect, use and/or disclose Personal Information for the purposes identified in this Privacy Policy.
Consent may be withdrawn by Customers, Employees and Web Site Users at any time, subject to legal or contractual restrictions and upon providing iTel reasonable notice. If you wish to withdraw your consent to certain collection, retention, use or disclosure of Personal Information, please contact iTel at [email protected]. Please note that if you refuse or withdraw your consent, we may not be able to provide you with a product or service. We will explain the impact on you at the time, to help you with your decision.
3.4 When and how does iTel disclose Personal Information?
Internally, only iTel Employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information of iTel’s Customers, Web Site Users, and Employees.
3.4.1 iTel may disclose Customer’s Personal Information to:
3.4.2 iTel may disclose Employees’ Personal Information to:
Disclosure of Personal Information to government organizations, including law enforcement agencies:
iTel may receive requests from government organizations, including law enforcement agencies. A team of experts individually and carefully vets these requests. iTel will only disclose Personal Information in response to these requests when permitted by law, in accordance with PIPEDA.
3.5 Who does iTel share Personal information with?
iTel does not sell Personal Information about its Customers, Employees and/or Web Site Users. iTel may share Customers’ Personal Information with its partners, associates and third-party service providers as provided in Subsection 3.4, to fulfill the purposes identified in Subsection 3.2. In such cases, the relationship with the partner, associate or third party is governed by strict confidentiality standards and policies to ensure the Customer’s Personal Information is secure and treated in accordance with PIPEDA and with the utmost care and respect.
Except as required or permitted by law, when disclosure is made to a third-party other than an iTel associate or affiliate, or a third-party service provider, the consent of the individual shall be obtained and reasonable steps shall be taken to ensure that any such third party has Personal Information privacy procedures and policies in place that are comparable to those implemented by iTel. Such third parties are provided only with such information as is necessary for the circumstances. Personal Information provided to third parties may be used only for the purpose stipulated and is subject to strict terms of confidentiality.
If a third-party service provider is in a foreign country, Customer and Employee Personal Information may be processed and stored in such other foreign country. In such circumstances, the governments, courts or law enforcement or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country. Whenever iTel engages a third-party service provider, we require that its privacy and security standards adhere to this Privacy Policy and applicable Canadian privacy legislation.
3.6 How does iTel safeguard your Personal Information?
The nature of the safeguards varies depending on the sensitivity of the Personal Information, the scope of the Personal Information, and the method of storage of that information. More sensitive types of Personal Information will be safeguarded by a higher level of protection.
3.7 How do I access iTel’s policies and procedures?
iTel makes available to Customers, Employees and Web Site Users specific information about its policies and procedures relating to the management of Personal Information, on our corporate and community websites.
iTel is open about its policies and procedures with respect to the management of Personal Information. Customers, Employees, and Web Site Users can inquire about ITel’s privacy policies and procedures at a minimal or at no cost and without unreasonable efforts on their part. This information is available to Customers and Web Site users by writing to iTel, to the attention of the Privacy Officer at 1850 Mission Flats Road, Kamloops, BC, V2C 1A9, and to Employees by writing to the attention of the HR Department at 1850 Mission Flats Road, Kamloops, BC, V2C 1A9.
3.8 How do I access my Personal Information?
You may access and correct your Personal Information held by iTel by submitting a request in writing to iTel’s Chief Privacy Officer at 1850 Mission Flats Road, Kamloops, BC, V2C 1A9. A response will be mailed to the address on your account or file.
iTel will respond to a Customer’s, Employee’s, or Web Site User’s request within a reasonable period of time and at minimal or at no cost.
In certain circumstances, iTel may not be able to provide access to all the Personal Information it holds, for example, when the disclosure would reveal confidential business information; if solicitor-client privilege protects the Personal Information, or if the Personal Information was collected during an inquiry into a breach of contract or violation of a federal or provincial law.
3.9 How can I challenge compliance and offer suggestions?
A Customer, Employee, or Web Site User of iTel may direct any questions or inquiries with respect to the privacy principles outlined above or about ITel’s privacy practices described in its Privacy Policy to privacy @ itel.com or to iTel’s Chief Privacy Officer at:
1-888-899-4835 ext. 
1850 Mission Flats Road, Kamloops, BC, V2C 1A9.
iTel will investigate all complaints and respond to all questions asked by its Customers, its Employees and/or Web Site Users. If a complaint is found to be justified, iTel will respond appropriately to resolve the complaint, which may include amending its policies and procedures.
If Customers, Employees, or Web Site Users are not satisfied with iTel’s response, they may contact the Office of the Privacy Commissioner of Canada, at:
Toll-free: 1-800-282-1376
Phone: (613) 995-8210
Fax: (613) 947-6850
Mailing Address:
Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, Quebec
K1A 1H3
4.0 Your Role in Protecting Your Personal Information:
Please remember that iTel’s Privacy Policy and our use of your Personal Information only applies to the information you provide. We caution that if you disclose Personal Information or personally sensitive data through use of the Internet such as through chat rooms, communities, bulletin boards or other public online forums, this information is not collected by or for iTel but may be collected and used by other persons or companies over which iTel has no control. It is your responsibility to review the privacy statements of any person or company to whom you choose to link, from or using any iTel Internet services. iTel is not responsible for privacy statements, privacy compliance or other content of any website not owned or managed by iTel or iTel’s group of companies.
iTel does its best to protect and safeguard Personal Information and we believe there are safeguards you should take as well. Do not share your Personal Information such as bank card numbers, credit card numbers, associated pin numbers or Social Insurance numbers unless you clearly understand the purpose of the request and you know with whom you are dealing. Do not keep sensitive Personal Information in your email inbox or on Webmail.
Provide iTel with one acceptable piece of identification, pin number or passphrase, that will be kept in your Customer account, so we can identify you when you call iTel. If you are asked to assign passwords to connect you to your Personal Information, you should use a combination of letters (upper and lowercases), numbers and symbols and do not use words that can be easily associated with you (example: do not use the name of a family member or pet). We also suggest you change your password regularly. If you are suspicious of any telephone, mail or email promotional campaigns or you suspect fraudulent activity, please contact us at privacy@localhost to verify that the campaign is a legitimate iTel activity.
5.0 Updating this Privacy Policy
Any changes to iTel’s Privacy Policy shall be acknowledged in this Privacy Policy in a timely manner. iTel may modify or remove portions of this Privacy Policy when it feels it is necessary and appropriate.
1.1. “Agreement” means the agreement between iTel and Customer which is composed of the following documents:
1.1.1. the document entitled “Service Agreement”;
1.1.2. the document entitled “Description of Services”;
1.1.3. this document, entitled “Standard Terms and Conditions”;
1.1.4. the document entitled “Acceptable Use Policy”;
1.1.5. the document entitled “Service Level Agreement”; and
1.1.6. The document entitled “Change Management”
1.2. “Customer” means the entity identified as the customer in the Service Agreement.
1.3. “Demarcation Point” means the operational interface and location to which a Service is delivered as set out in the Description of Services.
1.4. “Equipment” means the cable, circuits, instruments, equipment and other facilities owned by iTel and required in order to provide a Service.
1.5. “Incidentals” means those goods and/or services provided by iTel to Customer that are incidental to the provision of a Service, including but not limited to courier and delivery charges, iTel’s set-up and maintenance services, iTel’s acquisition of necessary Equipment and services from third party providers, iTel’s installation and maintenance of the Equipment, and any temporary services provided by iTel to Customer while installation or maintenance is taking place.
1.6. “iTel” means iTel Networks Inc., a company incorporated under the laws of Canada.
1.7. “Monthly Recurring Charge” , a.k.a. “MRC” means the amounts Customer shall pay iTel, every month, for each Service as set out in the applicable Service Form.
1.8. “Non-Recurring Charge”, a.k.a. “NRC” means the amounts Customer shall pay iTel, from time-to-time, for Incidentals.
1.9. “Parties” means iTel and Customer and “Party” means either one of them.
1.10. “Service” means a service provided by iTel to Customer as set out in a Service Agreement.
1.11. “Service Location” means a building or premises at which the Demarcation Point is located as described in the Service Agreement.
1.12. “Term” means the term for a particular Service, as set out in the Service Agreement.
2.1. Customer shall pay iTel, within 30 days of the date of the invoice, the amounts invoiced by iTel in Canadian Dollars unless specified otherwise in the Service Agreement.
2.2. Although it is the intent of iTel to submit timely invoices, failure to present invoices to Customer in a timely manner shall not constitute a breach, default or waiver of the right to payment of amounts on such invoice by iTel under the Service Agreement and Customer shall not be entitled to dispute iTel’s invoices based on iTel’s failure to submit in a timely fashion.
2.3. Customer shall become responsible for payment for Incidentals which include equipment, hardware and construction and build costs upon signature by Customer of the Service Agreement and payment must be received prior to shipment of equipment and/or commencement of any construction or builds.
2.4. Incidentals which include installation, set-up and any other fees or charges are due when services have been installed and billing has commenced.
2.5. Customer shall be responsible for payment of all applicable taxes and any government-mandated surcharges or fees for each Service. If Customer is entitled to an exemption from any applicable tax, Customer must present iTel with a valid exemption certificate, prior to the date such tax exemption is to take effect.
2.6. Customer shall pay iTel an interest charge of 3% monthly (42.58% per annum), on all amounts still outstanding after the due date for payment as set forth on iTel’s invoice and such interest charges shall accrue from and after the due date of payment to the date that the payment is received by iTel.
2.7. Customer shall have forty-five (45) days following the date of iTel’s invoice within which to dispute any amounts appearing in that invoice by giving written notice to iTel at [email protected] including in such notice the specific details and reasons for disputing each such amount on such Invoice. Failure on the part of Customer to do so shall be deemed a waiver of Customer’s right to dispute such amounts and Customer shall be deemed to have irrevocably accepted all amounts contained in that invoice.
2.8. Should the Customer successfully dispute an amount appearing on their invoice, then the amount agreed to between the parties as having been overcharged, including interest charges, if any, will be credited back to the Customer.
2.9. iTel does not accept cheques or e-transfers as a form or payment.
2.10. iTel accepts the following methods of payment: i) Pre-Authorized Debit (PAD); ii) Electronic Funds Transfer (EFT); iii) Automated Clearing House (ACH); iv) Wire Transfer or; v) Credit Card (Mastercard, Visa, American Express or Discovery Cards)
2.11. Payments made by credit card will be subject to a 2% surcharge.
2.12. iTel reserves the right to charge “NSF fees” for any PADs that are returned due to insufficient funds and fees for credit card payments which are declined.
2.13. iTel will only apply payment as shown and received in its bank account. Customer is responsible for all fees and charges that may be assessed by their bank, as well as intermediary banks, and Customer may be required to top-up payment as needed.
2.14. The Customer has forty-five (45) days from the date that their Services and or Account have been cancelled to inquire as to whether there are any credits owing to them and request a refund. Failure of the Customer to do so shall be deemed to be a waiver of the Customer’s right to receive any credits which they may be entitled to.
3.1. The Customer acknowledges that execution of this Agreement signifies Customer’s acceptance of iTel’s initial and continuing credit approval procedures and policies as determined by iTel from time to time. iTel reserves the right to withhold initiation or full implementation of iTel Services under this Agreement pending initial satisfactory credit review and approval thereof which may be conditioned upon the terms specified by iTel, including, but not limited to, security for payments due hereunder in the form of a cash deposit, guarantee, irrevocable letter of credit or other means, which may be increased upon iTel’s request at its discretion. As may be determined by iTel in its sole discretion, acting reasonably, at any time, if the Customer is delinquent in its payment obligations on three (3) occasions or more in any rolling six (6) month period, iTel may require a new or increased deposit, partial payment, guarantee or irrevocable letter of credit, at iTel’s option, to secure Customer’s payments for the term of this Agreement. Failure of Customer to provide the requested security shall constitute a material breach of this Agreement and shall provide iTel with cause to terminate this Agreement; such termination entitling iTel to collect any outstanding amounts forthwith.
4.1. Customer shall provide iTel and its agents, contractors and subcontractors, with access to the Service Location, including the Demarcation Point, for the purpose of providing the Services as well as providing such electrical power and outlets at the Service Location as iTel shall require for the provision of the Services. Customer is solely responsible for the payment of all electrical charges associated with the Services and access charges at the Service Location.
4.2. The location of any parts of the Equipment to be installed at the Service Location shall be determined by iTel in consultation with Customer. Customer shall take all steps necessary to protect the Equipment located at the Service Location from damage.
4.3. Customer shall not permit any of the Equipment to be re-arranged, disconnected, removed, repaired or otherwise interfered with, except with iTel’s prior written approval and then only as agreed by iTel.
4.4. Customer shall be responsible for and shall pay for all cable wiring and equipment required to interconnect the Equipment from the Demarcation Point to Customer’s equipment, to permit Customer to use the Services. Customer shall be responsible for its equipment beyond the Demarcation Point.
4.5. If the Equipment is damaged or destroyed as a result of Customer’s breach of contract, negligence, or willful acts or omissions, Customer shall reimburse iTel for the costs of repairing or replacing such Equipment within ten (10) business days from the date of receiving an invoice for the cost of such damage or destruction.
5.1. Customer shall not use a Service nor permit a Service to be used for any purpose contrary to law.
5.12. Customer shall at all times ensure that the Service(s) are used by it and its customers and end-users in accordance with iTel’s Acceptable Use Policy as published or posted on iTel’s Website, as may be amended from time-to-time.
5.3. Use of each Service is deemed acceptance of the terms of the Agreement. Use of each Service is at the Customer’s own risk to the maximum extent permitted by the laws of the Province of British Columbia
6.1. Customer shall indemnify and save harmless iTel from all losses, liability, claims, damages, judgments, expenses and costs, of any kind whatsoever, including reasonable legal fees and disbursements, suffered or incurred by iTel arising from claims of any third party on any legal basis whatsoever (“Claims”) and arising from or in any way connected to Customer’s receipt of a Service, including but not limited to Claims arising from:
6.1.1. use of a Service by Customer (or its customers or end-users) or by any third party authorized by Customer;
6.1.2. harm to the Customer’s (or its customer’s or end-user’s) data, equipment, computer network and other facilities;
6.1.3. the breach of any provision of the Agreement by Customer or by any third party authorized by Customer;
6.1.4. the negligence or willful misconduct of Customer, its customers, end-users or any third party authorized by Customer in connection with the use of a Service;
6.1.5. a claim made by Customer against any third party who in turn claims contribution or indemnity from iTel;
6.1.6. a claim by any third party for libel, slander, passing off or infringement of copyright, trademark or patent, illegal, improper or unauthorized use of a Service arising from the content of the video, voice or data carried by Customer, or its customers or end-users; and
6.1.7. any claims or fines levied against the Customer (or its customers or end-users) or any third party authorized by the Customer an Act which may be levied by any governmental agency in relation to but no limited to the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c.23, as amended (“CASL“).
7.1. Customer agrees that iTel shall not be liable to Customer for:
7.1.1. any act or omission of any carrier or other person other than iTel;
7.1.2. any act or omission of the Customer or its customers or end-users;
7.1.3. any claims of defamation, copyright or trademark infringement, violation of CASL, or the violation of any third-party rights arising from the use of a Service;
7.1.4. any infringement of patents arising from combining or using Customer-provided facilities with a Service or the Equipment where the Service or the Equipment would pose no infringement in the absence of such combination or use; or
7.2. Each Party’s total cumulative liability, if any, to the other party for damages related to the Agreement (including for a fundamental breach or otherwise), negligence, any act or omission by either Party or its representatives, or under any other theory of law or equity will be limited to those damages actually proven as directly attributable to the other Party and will in no event exceed the aggregate of the most recent three (3) months of fees and charges paid by Customer to iTel for Services under the Agreement.
7.3. NOTWITHSTANDING ANYTHING IN THE AGREEMENT, EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4. EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, iTel PROVIDES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AND, WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT ALL REQUIREMENTS OF CUSTOMER WILL BE MET WITH RESPECT TO ANY SERVICE PROVIDED BY iTel HEREUNDER, ARE HEREBY DISCLAIMED BY iTel AND EXCLUDED FROM THE AGREEMENT.
8.1. Either Party may terminate the Agreement (the “Terminating Party”), and accordingly all Services, on written notice to the other Party (the “Defaulting Party”) if the Defaulting Party has filed a petition in or has been assigned into bankruptcy or become an insolvent person within the meaning of any applicable bankruptcy or insolvency legislation, or makes any assignment for the benefit of creditors or makes any arrangements or otherwise becomes subject to any proceedings under applicable bankruptcy laws or insolvency laws with a trustee, or receiver appointed in respect of a substantial portion of the property of the Defaulting Party, or in the event the Defaulting Party liquidates or winds up its daily operations for any reason whatsoever (each an “Event of Bankruptcy”).
8.2. Within fifteen (15) days of an Event of Bankruptcy, Customer (or any trustee or receiver acting on Customer’s behalf) must either:
8.2.1. Provide iTel with notice, in writing to legal @ itel.com, of Customer’s affirmation of its intent to be bound by the remaining Term of all Services or Terminate all Services and provide iTel with:
8.2.1.1. One hundred percent (100%) of the Monthly Recurring Charges for the Service(s) during the first year of the term which are payable by Customer to iTel in the Service Agreement regardless of whether such Service Term has actually commenced, and fifty percent (50%) of the total monthly service charges for the Service(s) which are payable by Customer to iTel in the Agreement for the balance of the Initial Term and any Renewal Term(s) as defined in the Service Agreement, regardless of whether such Service Term has actually commenced; and
8.2.1.2. One hundred percent (100%) of all waived and/or amortized installation and/or construction costs for the balance of the Initial Term and Renewal Term(s); and
8.2.1.3. Any costs which iTel is liable to pay to third parties, (including but not limited to liquidated damages, waived or discounted monthly charges, installation and/or construction costs, disconnection and early cancellation or termination charges) in connection with the cancellation or termination of the Services, and/or;
8.2.1.4. a $500.00 administration fee.
8.3. iTel may suspend delivery of a Service, terminate any or all Services, or terminate the Agreement, at its option and without liability if Customer breaches the Agreement by:
8.3.1. failing, within the time set forth in any written notification to Customer by iTel, to make full payment of any invoice that remains unpaid in accordance with the terms of payment set out in the Agreement (other than charges which are being disputed by Customer in good faith); or
8.3.2. failing within five (5) business days following written notification to Customer by iTel to remedy any breach of a material term or condition of the Agreement to be performed or fulfilled by Customer.
8.4. iTel may terminate the Agreement, at its option and without liability if Customer conducts itself in a manner which unnecessarily delays the commencement of the Term of a Service either by its action or inaction which in turn frustrates iTel’s ability to install the service and set it up so it is ready for the Customer’s use. Action or inaction may include but is not limited to situations where:
8.4.1. Customer fails to provide information necessary for the set-up of a Service within five (5) business days of a request by iTel to do so; or
8.4.2. Customer fails to provide assistance or carry out instructions necessary to set-up the Service within five (5) business days of a request by iTel to do so.
8.5. Customer may terminate a Service for convenience by giving thirty (30) days prior written notice to iTel at billing @ itel.com.
8.6. Should either iTel or the Customer terminate a Service or the Agreement in accordance with Paragraph 8.3, 8.4 or 8.5 then the Customer shall become responsible for and immediately pay;
8.6.1. one hundred percent (100%) of the Monthly Recurring Charges for the Service(s) during the first year of the term which are payable by Customer to iTel in the Agreement as defined in the Service Agreement, regardless of whether such Service Term has actually commenced or installation work has been commenced or completed, and fifty percent (50%) of the total monthly service charges for the Service(s) which are payable by Customer to iTel in the Service Agreement for the balance of the applicable Service Term, regardless of whether such Service Term has actually commenced, or installation work has been commenced or completed; and
8.6.2. One hundred percent (100%) of all amortized hardware and/or installation and/or construction costs for the balance of the Initial Term and any Renewal Term(s); and
8.6.3. Any costs which iTel is liable to pay to third parties, (including but not limited to liquidated damages, waived or discounted monthly charges, installation and/or construction costs, disconnection and early cancellation or termination charges) in connection with the cancellation or termination of the Services, and/or;
8.6.4. a $500.00 administration fee
8.7. Customer acknowledges and agrees that iTel’s ability to offer the prices in the Service Agreement is dependent upon Customer completing a full Service Term and that without the early termination fee set out herein iTel would suffer losses as a result of Customer’s early termination. Customer specifically acknowledges and agrees that the early termination fee set out herein is not a penalty but rather a mutually agreed upon premium for allowing the Customer to terminate a Service prior to the expiration of a Service Term. Notwithstanding the foregoing;
8.8. Customer shall be permitted to terminate a Service prior to the end of the applicable Service Term without incurring any fees or early termination charges pursuant to the Agreement provided that:
8.8.1. Customer migrates to another available Service or Services as a replacement service to the terminated Service (the “New Service”); and
8.8.2. the Customer shall continue to pay MRC for the terminated Service until such time as billing has commenced for the New Service; and
8.8.3. the New Service has a Monthly Recurring Charge (“MRC”) equal to or greater than the MRC of the Service being terminated; and
8.8.4. Customer selects a Service Term for the New Service which is equal to or greater than the remaining term for the terminated Service, provided that the new term selected shall be for no less than 12 months or such other longer term of 24, 36, 48 or 60 months depending on availability; and
8.8.5. Customer pays all provisioning or other installation fees associated with the New Service and all cancellation charges incurred by iTel to terminate the Service(s), even if those fees are from a third-party; and
8.8.6. the requested delivery date for the New Service is no later than sixty (60) days from the termination date of the terminated Service, and
8.8.7. Customer’s account is in good standing and Customer is not otherwise in breach of its obligations under the Agreement.
If a dispute arises with respect to the Agreement the aggrieved Party shall notify the other Party in writing of the dispute (a “Notice of Dispute”). Following receipt of a Notice of Dispute, both Parties shall make best efforts to resolve the dispute amicably. In the event that the dispute has not been resolved within 30 days of receipt of a Notice of Dispute, the dispute shall be referred to and finally resolved by arbitration administered by the British Columbia International Commercial Arbitration Centre, pursuant to its Rules. In the absence of any written agreement otherwise, the place of arbitration shall be Kamloops, British Columbia. The decision of the arbitrator shall be binding and may be entered in any court with jurisdiction to allow such a decision to be entered.
10.1. Ownership of Equipment. Unless the Service Agreement specifically indicates that the Equipment is being sold to Customer, any and all Equipment provided by iTel in connection with the provision of the Services at or to the Service Location shall remain the property of iTel and shall not by reason of the attachment, installation or connection of any part thereof to the property become or be deemed a fixture attached to such property. iTel shall remove the Equipment from the Service Location upon termination or expiry of the Term of any Services requiring such Equipment and Customer agrees to provide iTel with such access and cover any costs ,if applicable, to remove the Equipment. Customer will be responsible for payment of any shipping costs necessary to return the equipment to iTel.
10.2. Successors and Assigns. The Agreement may not be assigned by any Party without the prior written consent of the other Party, such consent not to be unreasonably withheld; provided that iTel may, without consent, assign the Agreement in connection with a corporate reorganization or merger or to any entity that controls, is controlled by or is under common control with iTel or to a purchaser of all or substantially all of its assets or business, and in any such event, iTel shall be released from its obligations hereunder to the extent they are assumed by the assignee.
10.3. Force Majeure. By way of example, and not by limitation, acts or events that may prevent or delay performance (as contemplated by this Section) include: acts of God or the public enemy, acts of civil or military authority, acts of terrorism, embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes and floods. A Party is excused from performing its obligations under this Agreement if, to the extent that, and for so long as:
10.3.1. such Party’s performance is prevented or delayed by an act or event (other than economic hardship, changes in market conditions, insufficiency of funds, or unavailability of equipment and supplies) that is beyond its reasonable control and could not have been prevented or avoided by its exercise of due diligence; and
10.3.2. such Party gives written notice to the other Party, within ten (10) business days of the act or event that prevents such Party from performing its obligations.
10.4. Purchase Orders. Notwithstanding any contrary language in any purchase order or similar document issued by the Customer to iTel with respect to the Services, any such purchase order or similar document shall be deemed for the Customer’s internal use only and the provisions thereof shall have no effect whatsoever upon the provisions of the Service Agreement.
10.5. Rights Arising from Agreement. Nothing expressed or implied in the Agreement is intended nor shall be construed to confer on or to give any person, other than the Parties and their respective successors and permitted assigns, any rights or remedies under or by reason of the Agreement.
10.6. Permitted Changes. iTel may make changes to and update these Standard Terms and Conditions from time-to-time on iTel’s Website by posting the date of revision beside the document name. In the event that Customer disputes such changes, Customer must initiate the dispute resolution process set out in Article 9 above within thirty (30) days of the date of revision that has been posted. In the event that Customer does not initiate the dispute resolution process within thirty (30) days of the posting of the date of revision, Customer agrees to be bound by such changes.
10.7. Increase in MRC. Except as otherwise provided for in this Agreement or any Service Order, after; (1) the first year of the Initial Term; or, (2) any Subsequent Renewal Term(s) thereafter, iTel may increase the Monthly Recurring Charge (MRC) of any Services not more than once in a twelve (12) month period, to an amount not exceeding the greater of: (1) three percent (3%); or (2) the percentage increase of the Consumer Price Index (CPI) of Canada for the most recently completed calendar year as compared to the preceding twelve (12) months, by giving thirty (30) days notice to the Customer. Unless the Customer terminates the Agreement under Section 8.5 of iTel’s Standard Terms and Conditions, the Customer will have deemed to have accepted such modifications to the MRC following the thirty (30) day notice period. Such notice requirement may be satisfied by including notice of such Monthly Service Charge (MRC) modification(s) on a Customer Invoice.
10.8. Agency Limitations. The Agreement does not constitute any Party a partner, employee, agent or legal representative or joint venturer with the other, and no Party may act on behalf of the other in any manner nor assume or create any obligation of any kind, express or implied, on behalf of the other Party nor bind the other Party in any respect whatsoever, except in accordance with the Agreement.
10.9. Waiver and Indulgence. Waiver by any Party of any violation or breach of the Agreement in any instance shall not be taken or held to be a waiver of any subsequent violation or breach or as a waiver of the provision itself that is breached, nor shall any delay or omission on the part of any Party to exercise any right arising from such violation or breach alter or impair that Party’s right as to the same or any future violation or breach. Similarly, no indulgence or goodwill of any kind by a Party not contemplated in the Agreement shall be taken or construed as a right that can be enforced against such Party by the other.
10.10. Notices. Any notice or other written communication provided or permitted hereunder shall be in writing and given by personal delivery (against receipt), or sent by registered mail (against receipt) postage prepaid or prepaid courier (against receipt), if to iTel at: iTel Networks Inc. 1850 Mission Flats Road, Kamloops, BC V2C 1A9, or by email to legal @ itel.com; if to the Customer to the address or facsimile number or email address as provided on the Service Agreement. Any notice so given shall be deemed to have been received on the date on which it was delivered in person, or if sent by registered mail on the fifth business day thereafter, or if by Courier on the day the package is signed for by the Receiving Party, or if by email upon acknowledgement of receipt by the other party.
10.11. Confidentiality. Each Party agrees to protect the confidentiality of any information disclosed to it (the “Receiving Party”) by the other Party (the “Disclosing Party”). The Receiving Party acknowledges that damages would not be an adequate remedy for a breach of this clause and agrees that the Disclosing Party shall be entitled to the granting of equitable relief (including injunctive relief) with respect to any threatened or actual breach of this clause. Neither party shall disclose, copy or use any such confidential information except as contemplated by the Agreement, except for information:
10.11.1. the Receiving Party deems necessary to share with its professional advisors in connection with the Agreement;
10.11.2. that is or becomes publicly known otherwise than by reason of a breach of the Agreement by the Receiving Party;
10.11.3. that has been independently developed outside the scope of the Agreement;
10.11.4. that is required to be disclosed by law.
10.12. Regulatory Approval. In the event that the Agreement, or any of the terms hereof, become subject to regulatory approval by various local, state or federal agencies in Canada and/or the USA, as applicable, the Parties shall cooperate, to the extent reasonable and lawful, in providing such information as is necessary to complete any required filing or in obtaining any required regulatory approval.
10.13. Survival. Those clauses that by their natural or implied meaning or intent to impose an obligation on either Party after termination or expiration of the Agreement, or that by their natural or implied meaning or intent are intended to survive the termination or expiration of the Agreement, shall survive the termination or expiration of the Agreement.
10.14. Publicity. Unless Customer gives notice in writing that it does not give consent to do so, iTel shall have the right to display Customer’s name and the fact that Customer is a customer of iTel on iTel’s website and in iTel’s promotional materials for the duration of the Agreement.
10.15. Phone Calls. Customer acknowledges that all incoming calls from the Customer or their authorized agent to iTel and outgoing calls from iTel to the Customer or their authorized agent, may be recorded for quality assurances or training purposes.
10.16. Legality. Nothing contained in this Agreement shall be construed so as to require the commission of any act or the payment of any compensation which is contrary to law, whether Canadian and/or USA law, as applicable, which may, from time to time, be in effect and by its terms controlling of the Agreement. If there is any conflict between any provision of the Agreement and any applicable law the latter shall prevail, and the provisions of the Agreement affected shall be modified to the extent (but only to the extent) necessary to remove such conflict and permit such compliance with the law.
10.17. Execution of Further Documents. Customer agrees to perform all further acts and to execute, verify, acknowledge, and deliver any further documents as may be necessary to give effect to the obligations set out in the Agreement.
10.18. Cumulative Remedies. No remedy conferred upon or reserved in favour of a Party shall exclude any other remedy herein or existing in law or in equity or by statute, but each shall be cumulative and in addition to every other remedy given hereunder or now hereafter existing.
10.19. Headings. The headings contained in this Agreement are for reference purposes only and shall not be used in the interpretation of the Agreement. Words importing any one gender includes the other gender, the singular includes the plural and vice versa, and natural persons include created legal entities (corporate or unincorporated, including partnerships) and vice versa.
10.20. Entire Agreement. The Agreement constitutes the entire agreement between the Parties and supersedes all other agreements, whether written or oral. There are no other promises, conditions, understandings or other agreements, whether written or oral, relating to the subject matter of the Agreement.
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.cctscprst.ca or call toll-free at
1.888.221.1687
Tags: complaint, dispute, agency, CRTC, CCTS, commission, ombudsman
The United States introduced a national three-digit code (9-8-8) for mental health crisis and suicide prevention services.
While 9-8-8 was fully implemented in the United States by July 16, 2022 a three-digit number (such as 9-8-8) is not yet implemented in Canada.
To obtain these services in Canada you can contact Canada’s suicide prevention service at 1-833-456-4566 for voice calls 24/7 or text 45645 on your cellular phone between 4pm to midnight (Eastern Time)
An iTel Associate is standing by to discuss your legal inquiry.
