Terms & Conditions Agreement
This agreement is incorporated into, and forms part of, the Service Agreement.
Basic Definitions
In this agreement:
- "we", "us", "our", and "Airtel" mean Airtel Wireless Ltd. and its affiliates.
- "you" and "your" mean an Airtel account holder.
- "Handset" means any phone, device, accessory or other product Airtel sells you or that is active on your account with Airtel.
- "Services" means all services Airtel provides to you or agrees to provide to you.
- "Service Agreement" means the Customer Service Agreement between you and Airtel.
- "users" means your employees, representatives and other individuals who use any of the Services on or through your account with Airtel.
Airtel’s Policies
You and your users must comply with all Airtel business policies, practices and procedures ("Policies"), including Airtel’s Acceptable Use and Policy Privacy Policy, which are accessible here www.airtelwireless.ca The Policies are subject to change at anytime without notice.
Users
You must cause the users to comply with the Service Agreement (including this agreement, the Policies, and all other documents which form part of the Service Agreement). You will be responsible and liable for their breach of any of the foregoing.
Term & Early Termination Fees
If the Service Agreement is for a fixed term, the Service Agreement will remain in effect for that term. For each Handset you terminate prior to the end of that term, or that Airtel terminates prior to the end of that term for cause, you will be charged the lesser of: (a) an early termination fee of $200.00 per Handset or (b) the monthly and other fixed fees you otherwise would have paid to Airtel for the remainder of that term in respect of that Handset. Other fees may apply on termination. Upon completion of the term of the Service Agreement, the Services will continue on a month-to-month basis until such time as you renew or extend your term, or the Service Agreement is terminated pursuant to its terms.
Airtel’s Right to Suspend Services or terminate Service Agreement
Airtel may, without notice, suspend any Service and/or terminate the Service Agreement at any time if you or any of your users: (a) fails to pay any amount owing to Airtel as and when due; (b) harasses or threatens any of Airtel’s employees, contractors or representatives; (c) provides false, inaccurate or unverifiable information to Airtel; (d) interferes with any of the Services or Airtel’s operations or network; (e) uses (or is suspected to have used) any Services or Handsets in any manner restricted by or inconsistent with the Agreement or applicable law; (f) breaches any of the Services Agreement (including any document which forms part of the Services Agreement); (g) becomes insolvent or bankrupt; (h) modifies a Handset from its manufacturer specification or uses a non-authorized Handset on Airtel’s network, or if Airtel believes terminating the Services is necessary to protect Airtel interests, any customer’s interests or Airtel’s network or equipment.
Your Right to Terminate Services Agreement
You may terminate the Service Agreement at any time by providing written notice to Airtel at least 5 business days prior to the 24th day of each month to Airtel. Airtel will record termination date Airtel receives that notice. You will be responsible for all charges up to and including that date, including all early termination and other fees, if applicable. If Services are terminated before the end of a monthly invoicing period, you will not receive a credit or refund for any unused Services. You will be responsible for contacting your financial institution to cancel any direct debit or credit card authorizations relating to your account with Airtel.
Credit Information and Credit Audit
You must maintain satisfactory credit as required by Airtel. You will provide all information reasonably requested by Airtel, and will complete any credit applications provided by Airtel, for the purpose of investigating your credit from time-to-time. You authorize Airtel to collect, use, disclose and rely upon the credit information you supply, the information in credit applications, any data available from commercial credit reference services, and other information (such as payment history with Airtel and other subsidiaries) to determine whether to provide or continue to provide you with Services. Services offered to you may vary based on current credit/rating or previous history. Airtel may at any time, based on your credit history, withdraw or change Service Agreements, or place restrictions or conditions on the use or availability of Services.
Restrictions on Using Services
You and your users must not use any of the Services: (a) in any manner that is illegal, fraudulent, threatening, abusive, defamatory, or obscene; (b) in a way that could cause damage or adversely affect Airtel or any of its, network, property, Services, reputation or customers; (c) to communicate any unsolicited commercial voice mail, text, SMS, or other message, (d) to sell any of the Services to a third party (i.e. make revenue from the Services); (e) to infringe or violate the intellectual property rights or other rights of a third party, (f) to upload or transmit any "virus", "worm", or malicious code; or (g) in any way prohibited by any of the Policies or any other document which forms part of the Service Agreement.
Monitoring and Disclosure
Airtel has no obligation to monitor any information or content accessible, transmitted or posted through or to the Services. Airtel may monitor your use of the Services electronically from time to time and disclose to any third party any information necessary to: (a) satisfy any legal, regulatory or other government request; (b) operate or provide the Services; or (c) protect itself, other customers or users in accordance with the Policies. Airtel reserves the right to refuse to transmit or post, or to remove or limit access to, any information or content in whole or in part that violates the Service Agreement or is otherwise deemed objectionable by Airtel in its sole discretion.
Handset, Numbers and Account
You must purchase, install and maintain at your cost the Handsets and all other equipment required for you and your users to access and use the Handsets and Services. You must only use Handsets and equipment that are compatible with the Services.
Airtel does not manufacture its Handsets and accessories and therefore provides only a limited 90 day warranty on
Handsets and accessories sold through Airtel (the "Covered Products"). Airtel warrants that the Covered Products will operate substantially in accordance with the documentation provided with those products for 90 days from the date of purchase. Airtel's limited warranty covers only material defects in the Covered Products. Any physical or cosmetic damage, any damage to antennas, any damage caused by moisture, and any damage caused by not using or protecting the products as described in the documentation is not covered by this warranty. Only Airtel certified technicians can assess damage; if the Covered Products are opened by anyone else, the above warranty will be void. All warranty claims must be made by returning the defective unit to Airtel within 90 days from the date of purchase. A loaner unit may be made available to you, depending on defect, damage and availability. If Airtel concludes that your product is covered by the warranty, Airtel will repair or replace the product at Airtel’s expense. THIS IS YOUR SOLE REMEDY FOR BREACH OF THE ABOVE WARRANTY.
Airtel’s network & Handsets when programmed correctly will receive wireless text/data transmissions from other carriers, but Airtel is not responsible for those transmissions or the other carriers’ services. Airtel may update or change the software, settings, specifications and features of the Handsets from time-to-time, and you will permit Airtel to do so.
Except for any legal right you may have to transfer your Airtel phone number to another carrier, you do not and will not have any proprietary, ownership or other right to any phone number, identification number, e-mail address or other identifier Airtel assign to you or your users or your Handsets or your account, and Airtel may change any of the foregoing at any time upon notice to you. You and your users must not alter or tamper with any identification, signaling or transmission component or feature of any Handsets or equipment used in connection with the Services.
You are solely responsible for your account with us and for maintaining the security of all of your and your users’ account numbers, names and passwords.
Network Coverage
Airtel does not guarantee uninterrupted radio telecommunication services in any of Airtel’s markets. Service may be temporarily limited or refused due to radio network limitations, environmental conditions, force majeure, radio telecommunication network interferences or any other reasons within or outside Airtel’s control. Coverage maps are available on Airtel’s website. The specific network coverage you receive depends on radio telephone transmissions your Handset sends and receives and Services you have chosen. Airtel’s coverage maps provide high level estimates of Airtel’s coverage areas when using Services outdoors under optimal conditions. Coverage is not available everywhere. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within Airtel’s estimated coverage areas that, along with other factors both within and beyond Airtel’s control (e.g., network problems, software, signal strength, your Handset, structures, buildings, weather, geography, topography, etc.), may result in dropped and blocked connections, slower data speeds, or otherwise impact the quality of Service. Services that rely on location information, such as 911 and GPS navigation, depend on your Handset’s ability to acquire satellite signals (typically not available indoors) and network coverage.
Changes
Airtel may modify, suspend, restrict, or cancel any or all of the Services or take corrective action at anytime without prior notice and for any reason, including installation of required updates to the Service or the Handsets. Airtel may also amend the Service Agreement from time to time, which changes will become effective upon posting to the Airtel website or within your account. To stay up-to-date, please make sure to check the Airtel website regularly or contact us at connect@airtelwireless.ca and we will e-mail you the latest agreement.
Fees and Billing
You must pay all charges set out in the Service Agreement and all other agreements between you and Airtel. You are liable for all charges to your account, regardless of who incurred the charges. Certain transactions may also be subject to a charge (for example:, changing phone numbers, handset upgrades, etc.), although you will be provided notice of these types of fees before Airtel completes the requested transaction. Certain services, if available (such as roaming outside of Airtel’s coverage area), will be subject to additional charges, terms and conditions.
Invoicing provides notice of your monthly charges. It reflects monthly recurring charges (usually invoiced one cycle in advance) and usage/transaction specific charges (usually invoiced on the cycle when they are incurred). Invoice cycles and dates may change from time to time. Your invoice may also include other important notices (for example, changes to this Agreement, to your Service, legal notices, etc.). Your invoice will not include individual call detail.
Your Payment and Late Fees
Payment is due in full as specified on your invoice. If not otherwise specified in the invoice, payment for the first three months of a term contract must be made in advance. If Airtel does not receive payment in full by the date specified on your invoice, you must also pay simple interest on all overdue amounts at a rate of 18% per year, calculated from the date payment was due until the date all overdue amounts were paid in full. Airtel will also charge you costs associated with paying a collections agency to collect unpaid balances from you, and an administration fee for Airtel to collect unpaid balances. Airtel will charge $35.00 for each non sufficient fund (NSF) cheque or other payment paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked "paid in full") does not waive Airtel’s right to collect all amounts that you owe Airtel. Airtel may restrict your payment method to certified cheque, bank draft, or other similar secure form of payment at any time for good reason. If your account is de-activated, a re-activation fee of the lesser $25.00 per Handset or $95.00 per hour will apply.
Disputed Charges
If you think there has been an error in a charge posted to your credit card or appearing in an invoice, you must notify Airtel within 30 days after the charge has been posted to your credit card, or within 30 days after receiving the invoice. If you fail to do so then the charge will not be adjusted.
Taxes
You must pay all federal, provincial and local taxes, fees and other assessments that Airtel is required by law to collect and remit on the Services and Handsets provided to you. These charges may change from time to time without advance notice. If you are claiming any tax exemption, you must provide Airtel with a valid exemption certificate. Tax exemptions generally will not be applied retroactively.
Protecting Airtel’s Network & Services
Airtel may take any action to: (1) protect Airtel’s network, Airtel’s rights and interests, or the rights of others; or (2) optimize or improve the overall use of Airtel’s network and Services. Some of these actions may interrupt or prevent legitimate communications and usage.
If Your Handset Is Lost, Stolen or Damaged
You must contact Airtel immediately if your Handset is lost, stolen or damaged. You will remain responsible for all usage charges for lost, stolen or damaged Handsets, until Airtel deactivates those Handsets after receiving written notice (via fax or email) from you that the Handsets were lost, stolen or damaged. Airtel will not waive any early termination fees if you choose to terminate Services as a result of loss, damaged or theft of your Handset. You are responsible for the cost of replacing the Handset should you choose to continue Services under your Agreement.
Disclaimer
THE SERVICES, HANDSETS AND ALL INFORMATION AND CONTENT PROVIDED IN CONNECTION WITH THE FOREGOING (COLLECTIVELY, THE "AIRTEL PRODUCTS AND SERVICES") ARE PROVIDED BY AIRTEL ON AN "AS IS" AND "AS AVAILABLE" BASIS. AIRTEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AIRTEL PRODUCTS AND SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AIRTEL PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AIRTEL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESS OR IMPLIED IN CONNECTION WITH THE AIRTEL PRODUCTS AND SERVICES, INCLUDING REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES OF MERCHANTABILITY, DURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AIRTEL DOES NOT REPRESENT OR WARRANT THAT:
- THE AIRTEL PRODUCTS AND SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- THE AIRTEL PRODUCTS AND SERVICES WILL BE SECURE, ERROR-FREE OR UNINTERRUPTED;
- THE AIRTEL PRODUCTS AND SERVICES WILL BE AVAILABLE AT ANY SPECIFIC TIME OR IN ANY GEOGRAPHIC LOCATION;
- MESSAGES OR CONTENT WILL BE RECEIVED OR TRANSMITTED THROUGH THE AIRTEL PRODUCTS AND SERVICES; AND
- THE POSITIONING-DERIVED DATA OBTAINED WHEN USING THE SERVICES WILL BE ACCURATE, PRECISE, OR AVAILABLE.
Limited Liability
NEITHER AIRTEL NOR AIRTEL’S VENDORS, SUPPLIERS OR LICENSORS WILL BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM:
- ANYTHING DONE OR NOT BY YOU, YOUR USERS OR A THIRD PARTY;
- PROVIDING OR FAILING TO PROVIDE SERVICES;
- DEFICIENCIES , ERRORS OR PROBLEMS WITH A HANDSET OR NETWORK COVERAGE (FOR EXAMPLE, DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.);
- PHYSICAL INJURIES, DEATH, OR ANY OTHER DAMAGE OR INJURY RESULTING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE USE OF ANY OF THE AIRTEL PRODUCTS AND SERVICES, INCLUDING INJURIES, DEATH OR DAMAGE CAUSED IN TRAFFIC OR OTHER ACCIDENTS, AND INCLUDING ANY HEALTH-RELATED CLAIMS RELATING TO ANY OF THE AIRTEL PRODUCTS AND SERVICES;
- DATA CONTENT OR INFORMATION ACCESSED WHILE USING AIRTEL PRODUCTS AND SERVICES;
- AN INTERRUPTION OR FAILURE IN ACCESSING OR ATTEMPTING TO ACCESS EMERGENCY SERVICES FROM A HANDSET, INCLUDING THROUGH 911;
- INTERRUPTED, FAILED, OR INACCURATE LOCATION INFORMATION SERVICES,
- INFORMATION OR COMMUNICATION THAT IS BLOCKED BY A SPAM FILTER, OR
- FORCE MAJEURE (I.E., OCCURRENCES BEYOND AIRTEL’S CONTROL, SUCH WEATHER-RELATED PHENOMENA, FIRE, EARTHQUAKE, HURRICANE, RIOT, STRIKE, WAR, TERRORISM OR GOVERNMENT ORDERS OR ACTS, ETC.).
UNDER NO CIRCUMSTANCES WILL AIRTEL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES OR OTHER LOSS OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO THE AIRTEL PRODUCTS AND SERVICES OR THIS AGREEMENT, INCLUDING THOSE ARISING FROM MISTAKES, ERRORS, DELAYS, INTERRUPTIONS OR OMISSIONS IN THE TRANSMISSION OF MATERIAL OR MESSAGES, WHETHER NEGLIGENT OR OTHERWISE, WHICH WOULD OTHERWISE GIVE RISE TO CAUSE OF ACTION IN CONTRACT, TORT OR ANY OTHER DOCTRINE IN LAW OR EQUITY.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, AIRTEL’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT OR IN CONNECTION WITH THE AIRTEL PRODUCTS AND SERVICES WILL BE LIMITED TO THE FEES YOU PAID TO AIRTEL (DIRECTLY OR INDIRECTLY THROUGH A DISTRIBUTOR) FOR THE SERVICES IN THE 6 MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO THE LIABILITY.
Indemnification
You will indemnify, defend and hold Airtel harmless from any claims arising out of your actions, including, but not limited to, failing to provide appropriate notices regarding location-sensitive services, failure to safeguard your passwords or other account information, or violating the Service Agreement or any applicable law or regulation of the rights of any third party.
Providing Notice to Each Other Under the Agreement
Except as the Agreement specifically provides otherwise, you must provide Airtel notice by either calling or writing Airtel. Airtel will provide you notice in your invoice, correspondence to your last known billing address, to any fax number or e-mail address you have provided Airtel, by calling you on your home phone or Handset.
To Contact Airtel
By Telephone: (403) 257-7100
By Fax: (403) 257-7101
e-mail: connect@airtelwireless.ca
In Person: #111, 3851 Manchester Road S.E. Calgary, AB
By Mail: #111, 3851 Manchester Road S.E. Calgary, AB T2G 3Z8
Law and Dispute Resolution
The Service Agreement will be governed by and construed in accordance with the laws in effect in Alberta. All disputes arising out of or in connection with the Service Agreement will be referred to and exclusively resolved with finality by arbitration administered by the Alberta courts in Calgary, provided however that a party may apply to a court of competent jurisdiction for interim protection or equitable relief such as an interlocutory or interim injunction.
Severability
The invalidity or unenforceability of any term or provision of the Service Agreement will not affect any other term or provision of the Service Agreement; the remaining terms and provisions will continue in full force and effect. The parties will negotiate in good faith to agree to a substitute term that will be as close as possible to the intention of any invalid or unenforceable term while being valid and enforceable.
Assignment and Sublicensing
You may not assign or sublicense this agreement or any of your rights under the Service Agreement or the Services without Airtel’s prior written consent, which may be withheld without cause.
Enurement
The Service Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns.
