For the purposes of these terms and conditions, the customer is the person or company whose name appears on the invoice (the “Customer”). The terms of service detailed within form an agreement between Navigata Communications Limited (“NAVIGATA”) and its wholly-owned subsidiaries, and the Customer (the “Agreement”).
“Service” or “Services” means any product or service provided to you by NAVIGATA including, but not limited to, NAVIGATA Long Distance Services, NAVIGATA Business Line Services, NAVIGATA Hosted PBX Service, NAVIGATA SIP Trunking Service, NAVIGATA Internet Services, NAVIGATA ADSL High Speed Internet Services or NAVIGATA Ethernet WAN Services.
The scope of Services provided to the Customer may be expanded or decreased at any time upon written notice to NAVIGATA. Any changes to the Services may result in additional installation fees, changes in monthly fees, or termination fees.
All monthly recurring charges will be billed in advance and usage based fees will be billed a month in arrears. NAVIGATA’s payment due date is thirty (30) days from the invoice date (the “Due Date”).
NAVIGATA reserves the right to charge interest on any outstanding amount at the lesser of: (i) 26.82% annually or 2% per month, subject to change, or (ii) the maximum rate permitted by applicable law.
If the Customer’s invoice is lost or the Customer does not receive the invoice, the Customer is still responsible for making the required monthly recurring charge payment to NAVIGATA by the Due Date.
NAVIGATA will invoice the Customer a minimum of $9.95 per month for the combination of long distance, toll-free and travel card services provided. The Customer agrees to pay such minimum charge each and every month they are receiving one or more of long distance, toll free and calling card services from NAVIGATA.
NAVIGATA reserves the right to increase International long distance rates without notice, all other rate increases shall take effect upon thirty (30) days written notice to the Customer.
This Agreement will take effect from the date of signature by NAVIGATA. Commencement Dates and Terms for the NAVIGATA Services are set out in the Service order form. This Agreement will continue in effect for the duration of the Term specified in each Service order.
Thereafter, this Agreement and the Service orders will automatically renew for additional one (1) year periods on the same terms and conditions unless either NAVIGATA or the Customer gives, at least one month prior to the expiration of any such renewal period, written notice to the other that NAVIGATA or the Customer as the case may be, does not want the Term of a Schedule to renew for another one year period.
The Customer must bring invoice inquiries and disputes to NAVIGATA’s attention in writing within sixty (60) days of the invoice date. After that time, the Customer will be deemed to have agreed to the contents of the invoice and will have no right to challenge any element of the invoice.
NAVIGATA will investigate all disputes. If NAVIGATA, acting reasonably, finds that the dispute is invalid, the Customer must pay the disputed portion with interest immediately. If NAVIGATA finds that the dispute is valid, a credit amount will be placed on the following invoice.
The Customer must pay all the undisputed charges by the Due Date.
NAVIGATA may require a deposit from the Customer for the purpose of establishing an acceptable level of credit prior to implementation of Service or at any time during the terms of the Service Agreement in the following circumstances:
if the Customer has no credit history with NAVIGATA and is unable to provide proof of creditworthiness,
the Customer has an unsatisfactory credit history with NAVIGATA, based on previous payment practices, and is unable to provide satisfactory proof of current creditworthiness,
if the Customer presents a clear abnormal risk of loss.
NAVIGATA may request a deposit from the Customer, but may also accept an alternative arrangement such as:
guaranteed form of cheque,
a written guarantee from another person whose credit has been established and is to NAVIGATA’s satisfaction,
a bank letter of credit
NAVIGATA will review the need and the amount of the deposit or other credit alternative at least every six months or whenever the Customer requests a review. If NAVIGATA concludes that satisfactory credit has been established NAVIGATA will return the deposit or, with the Customer’s consent, apply a portion to the current or unpaid charges due to NAVIGATA and return the unused balance to the Customer.
As may be determined by NAVIGATA in its sole discretion at any time, NAVIGATA may lower the Customer’s credit limit and if the financial circumstances or payment history of the Customer is or becomes unacceptable, or in the event Customer exceeds its credit limit as determined by NAVIGATA or indicates difficulties in meeting its payments, NAVIGATA may require a new or increased deposit, partial payment, guarantee or irrevocable letter of credit, at NAVIGATA’s option, to secure Customer’s payments for the duration of the Agreement. Failure of Customer to provide the requested security shall constitute a material breach of this Agreement and shall provide NAVIGATA with cause to terminate this Agreement; such termination entitling NAVIGATA to collect outstanding amounts forthwith.
If Services are cancelled, NAVIGATA may apply any portion of the deposit to the amount outstanding and return the un-used balance to the Customer. Where a written guarantee was provided NAVIGATA may use the guarantee to arrange for payment outstanding and upon receipt of payment will return any written guarantee to the Customer.
NAVIGATA will make all reasonable efforts to maintain all NAVIGATA Services and ensure they are operational.
NAVIGATA does not warrant uninterrupted working of its services, facilities, circuits, lines or equipment and is not liable for any damages arising from omissions, interruptions, delays, errors or defects in transmission, or failures or defects in NAVIGATA’s facilities or equipment, unless they are caused by NAVIGATA’s negligence.
Installation and wiring will be provided up to the building’s demarcation point, any inside wiring, or special construction is the responsibility of the Customer or the Customer’s interconnect company, unless otherwise negotiated at the applicable fees unless otherwise negotiated and the appropriate fees are agreed upon between the Customer and NAVIGATA.
NAVIGATA will notify the Customer’s current Long Distance Carrier supplier of the Customer’s decision to use NAVIGATA’s Long Distance Services. For certainty, any Long Distance Services will mean all calls dialed using 1+ or 011+ on the numbers listed to NAVIGATA.
In the event the Customer has experienced a service interruption, omission, delay, error or defect in transmission, NAVIGATA will, upon request from the Customer, refund that part of the Customer’s recurring monthly or usage charge for the Service. The refund will be proportionate to the length of time the problem existed.
NAVIGATA shall retain all information received from the Customer in providing the Services to the Customer in confidence, excepting only Customer’s published name, address and telephone number and will not use or disclose such Customer information except to provide the Services to the Customer or except as is authorized or provided for by law, including any privacy legislation that may apply to NAVIGATA from time to time.
Customer shall not use the Services or the Equipment in any manner not contemplated under this Agreement, including, without limitation, resale of the Services or the Equipment without express written permission from NAVIGATA. Any unauthorized use of the Services, which may breach Canadian Radio-television Telecommunications Commission’s guidelines for acceptable use, may be subject to penalties, which will be the burden of the Customer to pay. The Customer will adhere to the guidelines for International Toll-free service and understands that the numbers shall not be used for Call Backs, Calling Cards, Third Country Calling and Reselling activities. NAVIGATA accepts no liability for any actions that may be taken against the Customer by the International Authorities, which may result in the cancellation or disruption of service.
For security purposes the Customer shall take care to ensure that the NAVIGATA Calling Card number is kept confidential. The Calling Card is the property of NAVIGATA and must be returned to NAVIGATA upon request.
Inside wiring from the building’s demarcation point shall be arranged by the Customer prior to the date of installation. Any costs associated with inside wiring, or delays caused by, are the responsibility of the Customer.
The Customer shall allow NAVIGATA, its agents and employees access to enter the Customer’s premises, at reasonable hours, on which the Services are or are to be provided, to install, inspect, repair, remove its equipment. Except in the case where the Customer is in default of this Agreement, NAVIGATA must obtain the Customer’s permission prior to entering the premises.
The Customer is responsible for providing NAVIGATA with the correct information for all Directory Listing orders and any charges associated with the Directory Listing, including Moves, Adds, Changes and Deletions. NAVIGATA’s liability for any damages, claims, losses, costs, expenses, fines, penalties or other liabilities arising from any error or omission in the Customer’s Directory Listing, is limited to making a refund of any charge associated with the implementation of the listing. NAVIGATA is not liable for any damages, claims, losses, costs, expenses, fines, penalties or other liabilities arising out of continuation of the Directory Listing in any telephone directory after termination or cancellation of the NAVIGATA Services.
Customers subscribing to Internet Services understand and agree to the terms as set forth in the Internet Services Acceptable Use Policy. NAVIGATA reserves the right to terminate this Agreement if the Customer breaches the Internet Services Acceptable Use Policy located on the NAVIGATA web site.
Illicit Use – Under no circumstances shall the Customer use, and the Customer shall ensure that its clients do not use, the NAVIGATA Services or the Equipment fraudulently or otherwise illegally including, without limitation:
falsely reducing or avoiding in whole or in part the regular charges for the Services and the Equipment;
obtaining, accessing, altering or destroying data files, programs, procedures or other information of NAVIGATA or NAVIGATA’s customers;
interfering with NAVIGATA services or equipment or affecting NAVIGATA’s customers;
to directly or indirectly violate any law, rule, code or regulation or aid any unlawful act or undertaking.
Fraudulent Calls – the Customer shall indemnify and hold NAVIGATA harmless from and against all claims, actions, losses, damages, costs, expenses, fines, penalties or other liabilities arising now and in the future resulting from fraudulent calls of any nature carried by means of the Services. The Customer shall not be excused from paying NAVIGATA charges for the Services provided to the Customer, or any portion thereof, on the basis that fraudulent calls comprised a portion of the Services.
In the event NAVIGATA discovers fraudulent calls are being made or reasonably believes fraudulent calls are being made, in respect of the Services, NAVIGATA shall notify the Customer in writing of such fraudulent use and the Customer shall use all commercially reasonable efforts to prevent or terminate the fraudulent use.
If the Customer does not terminate the fraudulent use within seven (7) days of receiving notice from NAVIGATA, NAVIGATA will have the right, without notice to Customer, to take immediate action such as suspension of the NAVIGATA Services or any such other action that is reasonably necessary to prevent or terminate such fraudulent use from taking place.
Early Termination and Termination of Services by the Customer
The Customer understands and agrees that the provisioning of Services under a term agreement will be subject to early termination fees if any or all of the Services is cancelled prior to the expiration of the initial term.
If the Agreement or any of the Services are cancelled prior to the expiration of the initial term, the Customer will be liable to pay NAVIGATA as a termination fee an amount equal to 100% of the monthly recurring charges for each of the months remaining in the Agreement. The termination fees are a reasonable estimation of the damages suffered by NAVIGATA in the event the Agreement is terminated early, and shall not be considered a penalty.
The Customer agrees to provide NAVIGATA with thirty (30) days prior written notice that the Services are to be cancelled and to pay for all Services up to the cancellation date. Failure to properly notify NAVIGATA of the cancellation could result in delays.
Installation Fee: The Customer agrees to pay installation fees for the Services. Should the Customer cancel a request for the Services prior to the intended date of installation of such Services, the Customer will forfeit the installation fees, or where the installation fees have been waived by NAVIGATA, the Customer will be liable for any charges associated with the process of provisioning the services.
Grounds for Suspension and Termination
If the Customer fails to comply with its obligations under the Agreement or breaches any of the terms and conditions of Service (including, by way of example and without limitation, non-payment, abuse of the Services, inability to provide satisfactory proof of creditworthiness or provide a payment guarantee), NAVIGATA may suspend and/or terminate the Services with no liability to the Customer.
Suspension:
In the event the Customer’s Service is suspended, the Customer must pay for any reconnection charges prior to the restoration of suspended Services, the price of which is determined by the scope of Services provided.
Termination:
In the event the Customer’s Service is terminated, the Customer must re-apply in order for the Services to be re-established and NAVIGATA cannot guarantee that the Customer will be designated the same telephone numbers associated with their Service.
If the Agreement is terminated before the end of the initial term as a result of the Customer’s breach of the Agreement and/or the terms and conditions of Service, the Customer will be liable for early termination fees as outlined in these Terms and Conditions.
If NAVIGATA fails to comply with its obligations under this Agreement, you may terminate the Agreement without liability for early termination fees so long as you have provided NAVIGATA written notice detailing NAVIGATA’s breach, and allowed NAVIGATA thirty (30) days to remedy the breach.
Customer may not assign, transfer or otherwise dispose of this Agreement or any interest therein without the prior, express written consent of NAVIGATA, which consent shall not be unreasonably withheld. NAVIGATA may assign its rights under this Agreement or this Agreement at any time without the consent of Customer.
NAVIGATA will not be liable for damages for any delay or failure to perform due to governmental orders, labour disputes or shortages, acts of God, cable cuts, or other causes beyond the reasonable control of NAVIGATA.
The Customer is responsible for controlling access to, and use of, its own facilities, and although NAVIGATA may recommend possible solutions to reduce unauthorized use of the Service, NAVIGATA does not warrant or guarantee that such recommendations will prevent all unauthorized use. The Customer shall be solely responsible for determining the adequacy of the Service for any and all uses to which the Customer may apply. NAVIGATA makes no warranties or conditions, express or implied, including any implied warranty of merchantability or of fitness for a particular purpose.
The total liability of NAVIGATA shall not exceed the amounts paid by the Customer for the Service. In no event shall NAVIGATA be liable to the Customer for any other amounts, including indirect, special, incidental, consequential, or punitive damages or any kind, including but not limited to, lost profits, regardless of whether such damages were foreseeable, and regardless of the form of the action.
Customer shall indemnify, defend and hold NAVIGATA harmless against all claims, losses, damages, costs, expenses, fines, penalties or other liabilities, including legal fees, arising from the use of the Service, including but not limited to, charges incurred as a result of authorized or unauthorized use of the Service by third parties; claims for libel, slander, invasion of privacy or infringement of copyright; and claims for patent infringement arising from combining or using the Service with facilities or equipment furnished by others.
Any litigation arising hereunder may be brought in the courts of the Province of British Columbia. By obtaining the Services hereunder, the Customer is deemed to have submitted to such jurisdiction, thereby will be liable to NAVIGATA, for legal fees incurred in the collection or attempted collection of any undisputed past due amounts.
Navigata Communications Limited (“NAVIGATA”) and its subsidiaries or affiliates want its customers to feel secure and confident in today’s business environment respecting the information our customers provide to us. Below we outline the standards we strive to maintain.
Personal Information is any information about an “identifiable individual” including information regarding ethnic background, religion, marital status, medical, employment, and education. Information published publicly such as listed telephone number, address and name is not considered to be personal information.
In order for NAVIGATA to provide service we request some personal information such as the age name, address, and Social Insurance Number of the person applying for service. Although, NAVIGATA may request a person’s Social Insurance Number, they are under no obligation to provide such information. This is information is used to verify if the you or the customer is of legal age, and meets our credit requirements. Such information is also used to provision, maintain, and bill NAVIGATA services. Provision of a Social Insurance Number is optional.
Accountability
NAVIGATA recognizes the importance of managing and maintaining the security of personal information of our customers and employee in our custody. Our staff is trained in the handling of confidential information ranging from the collection of, response to questions and concerns, and the use of such information.
Sharing of Personal Information
NAVIGATA will not share personal information with any other company except as permitted by law or unless NAVIGATA has obtained written consent to do so.
Purpose
NAVIGATA asks our customers only for such information as is needed to provide and maintain services. Information collected is used to
initiate and maintain a service relationship
invoicing, accounting, and security administration; and
to promote NAVIGATA products and additional services.
Consent
We will obtain the individual’s express consent to the collection of personal information that we require. Express consent may be given verbally or in writing, including by electronic means. Consent may also be withdrawn by our customers subject to any applicable legal limitations, by contacting us at the address noted below Customers should note however that withdrawal of consent previously obtained may inhibit NAVIGATA’s ability to provide products or services to the Customer.
Limiting Collection
NAVIGATA will only collect personal information from you if you voluntarily provide it and if required for the purposes noted above. There are different modes of giving and collecting different kinds of information:
Personal Information
Examples of this type of information includes information about products and service subscriptions and usage, but does not include information such as a public telephone directory listing of your name, address and listed telephone number. Personal information may be obtained from our customers verbally, in writing or electronically.
IP Address
An IP (Internet Protocol) address is a special address that is assigned to each computer connected to the internet, it is the standard by which computers talk to each other over the internet. When you visit the NAVIGATA web site we collect some information about the way that you use the web site. When the NAVIGATA web site is visited we collect your IP Address so that we know where to send the requested information, however, the IP address does not identify you personally.
Anonymous Information
When you browse the NAVIGATA web site, our servers collect certain information about your visit, but not about you personally. NAVIGATA collects information like what pages are visited, what content is downloaded, the type of web browser you used, and the level of encryption that is supported by your browser. NAVIGATA uses such information to monitor statistics, such as: which pages are being visited, which sections of our site are most frequented, and how many people visit and return to our site. This information is collected to determine how we can improve on our site and no individual personal information is collected.
A cookie is a text file that contains a unique identifier in the form of a number that identifies the browser you use to our computers. Cookies let NAVIGATA know which pages are being visited, by how many people, how long they stay on a particular page, and other statistics that are useful in relation to the use of our site. These statistics are used to help NAVIGATA understand how our site is used and how it may be improved. NAVIGATA does not combine information that is gathered with the use of Cookies with any personal information we have collected. The use of Cookies is an industry standard and is used by most major web sites and most browsers have been set up to accept them. However, you may set up your browser to accept, reject or notify you when a Cookie is sent. If you do not accept Cookies you may find that you are unable to access some of the websites that you wish to visit.
Personal information in NAVIGATA’s custody shall not be used or disclosed for purposes other than the purposes for which the information was collected or use reasonably consistent with such purposes, unless consent has been given for such new uses. The exception to this commitment is where the use is authorized by law or where disclosure is as required by law. Other than where required or authorized by law NAVIGATA will seek written consent to disclosure of personal information. If NAVIGATA finds it necessary to transfer personal information in our possession to a third party such as contracted agents involved in the delivery of installation and repair services to our customers or agents involved in the collection of customer accounts for NAVIGATA or supplying NAVIGATA with credit information about a customer, the transfer of such information is completed according to a contractual relationship with the third party recipient to ensure those in receipt of the information maintain the confidentiality of such transferred information.
Information will be held only as long as it is required to fulfill service obligations. Once information is no longer required it is to be disposed of or made anonymous.
NAVIGATA uses commercially reasonable efforts to ensure that personal information it collects is accurate, complete and up to date.
Information is safeguarded against loss, theft and unauthorized access according to the sensitivity of information.
Information regarding NAVIGATA’s policies and practices relating to personal information is made available to individuals upon request by contacting us at the address noted below.
Individuals or customers may want to review or verify personal information held by NAVIGATA. There may be a minimal charge to obtain the information requested. In some instances personal information will not be disclosed such as:
If it contains references to other persons
It is subject to solicitor-client or litigation privilege
It contains NAVIGATA confidential information
It has been destroyed due to legal requirements or because NAVIGATA no longer needed to retain the information for the purposes for which it was collected
It is too costly to retrieve
It cannot be disclosed for legal reasons
Should NAVIGATA be unable to provide access to personal information an explanation will always be provided.
The privacy of children is important to NAVIGATA. We encourage parents to review our Privacy Policy and our Web site Conditions of Use and other documents where applicable available on our websites.
NAVIGATA asks that minors do not submit any personal information to us. Our services are only available to individuals who can form legally binding contracts. NAVIGATA does not use web sites to intentionally collect or use a child’s personal data.
NAVIGATA’s web site may contain links to other sites that are not governed by this Privacy Policy. The links used in this site may be to those of our business partners, vendors, and other agencies. Please note that NAVIGATA is not responsible for the privacy policy and practices of the linked sites. It is important to note that when you click on one of the linked sites, you are leaving the NAVIGATA web site and entering into a different web site and environment. We encourage you to read the new site’s privacy policy to ensure that you are comfortable with their standards and practices.
NAVIGATA strives to stay up to date and be current with issues concerning our customer’s privacy interests. NAVIGATA may update or modify this Policy from time to time to meet the demands of ever changing technology and Customer expectations, so please review the Policy periodically.
If you have any questions or concerns regarding this Privacy Policy and the use of information, please address these concerns to us in writing to the address below:
Navigata Communications Limited
Privacy Officer
56 Aberfoyle Cr, Suite 200
Toronto ON M8X 2W4
This section provides a general understanding of Navigata Communications Limited (“NAVIGATA”) policy on the Acceptable Use of the NAVIGATA Internet Access Services (the “Service”). It is designed to help protect our Service, our customers, and the Internet community.
If a NAVIGATA Internet customer is involved in a violation of these policies, we reserve the right to restrict, suspend or terminate Service without notice.
In the event that an Internet account is deactivated or cancelled as a result of any activities contrary to this policy, the account may be subject to set-up fees, reactivation charges and/or deposit requirements to be determined by NAVIGATA, if such account is permitted to be re-activated or re-established. Users whose accounts have been cancelled for misuse or violations of the Terms and Conditions applicable to the Service or this policy are not entitled to re-register for the Service without express written approval from NAVIGATA outside the normal flow of the registration process. Any further registrations for the Service by or for the user whose account has been terminated for such activities may be rejected or the new account(s) may be terminated upon discovery, and such further registration or use may subject the user to additional account set-up, analysis, monthly usage and/or termination charges for each such registration in amounts to be determined by NAVIGATA.
NAVIGATA may take such action as it deems appropriate against any subscriber or account user for violations of the Terms and Conditions applicable to the Service or of this policy. However, there is no promise or obligation on our part to monitor or police any such activity and NAVIGATA will have no liability to any party for any other party’s violation of these policies or the Terms and Conditions applicable to the Service.
NAVIGATA has no obligation to censor or monitor use of the Service by you, any customer or any third party, including without limitation any obligation to censor or monitor any content, material or other information sent, received or accessible through the Service or the Internet. However, NAVIGATA has the right to, without notice, monitor use of the Service and monitor, review and retain such content, material or information if NAVIGATA believes in good faith that such activity is reasonably necessary to provide the Service to customers, ensure adherence to or enforce the terms of this policy, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in the above, which involves your account, you agree to immediately notify NAVIGATA and provide NAVIGATA with assistance, as requested, to stop and/or remedy such violation. NAVIGATA contact information may be found at NAVIGATA support
NAVIGATA prefers to advise Customers of any inappropriate behavior and any necessary corrective measures, however, NAVIGATA reserves the right, without limiting any of NAVIGATA’s rights to suspend, restrict or terminate your NAVIGATA Internet Services account as described elsewhere in this policy, NAVIGATA may suspend, restrict or terminate your NAVIGATA Internet Services account without notice if, in NAVIGATA’s sole and absolute discretion, you have violated any of the provisions set out in this policy. NAVIGATA shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account. NAVIGATA shall not be responsible for any damages, caused directly or indirectly, including, but not limited to loss of profits, loss of data or any loss of information as a result of the termination of your account.
In the event that NAVIGATA receives a complaint relating to use of the Service by a customer, NAVIGATA may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, monitor data traffic, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.
NAVIGATA may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a NAVIGATA Internet Services account, if NAVIGATA believes that such activity is reasonably necessary to provide the Service to customers, ensure adherence to or enforce the terms of this policy, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
NAVIGATA reserves the right to amend this Policy at any time. NAVIGATA will publish this policy and any amendments on its web site or otherwise electronically transmitted to users over the Service, as may be updated from time to time, before such amendments become effective. You are responsible for regularly reviewing the NAVIGATA Web site to obtain timely notice of such amendments. If you use your account after the effective date of the amendment, you will be conclusively deemed to have accepted the amendment.
Subscribers may not attempt to interfere with or compromise the operation of the NAVIGATA Internet network in whole or part, to interfere with any of the equipment comprising NAVIGATA system, or to access other accounts or restricted areas of NAVIGATA system.
Subscribers may not use the Service in a manner that adversely affects the availability of its resources to other NAVIGATA Internet customers.
Subscribers may not attempt to subvert or aid others to subvert the security of any computing facility.
Subscribers may not interfere with use by any other authorized user, nor compromise the confidentiality of NAVIGATA or any other party’s internal business practices or records.
Any attempts, whether successful or not, to gather information about or to gain access to any computer system or customer’s data without consent is prohibited.
To protect the interests of the customer and the integrity of NAVIGATA network, a customer’s Internet Dial-up account sessions that use the Internet Dial- up Service may be subject to idle timeouts. An Internet Dial-up account session may be determined to be idle if there appears to be no interactive, human generated data received from the remote user’s computer system within a prescribed amount of time.
A customer shall not in conjunction with use of the Internet Dial-up Service artificially in any manner, such as using software to continually transmit packets of data or information, keep an Internet Dial- up circuit alive to create a continuous dedicated connection.
NAVIGATA allows no more than one Internet Dial-up connection from a particular Subscriber account at any given time. Subscribers are not permitted to share a Subscriber account without the express written permission of NAVIGATA.
The Internet Dial- up Service is intended for accessing and using the Internet. It is not intended, nor may it be used, as a substitute for other services such as local area network extension except where specified.
A customer shall not use or distribute software which disrupts the use of a network, system, or service, for example, and without limitation, System Intrusion tools, Viruses, or Worms.
A customer shall not permit the existence of an abusable resource, for example, and without limitation, an unsecured mail relay, an open news-server, a compromised system or a smurf amplifier. Customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after Customer has received such notification shall be considered a violation of this Acceptable Use Policy and enforced as such.
As the user of the Service you may receive announcements from time to time from NAVIGATA by email regarding various aspects of the Service, including without limitation, notices of future upgrades or changes, service affecting issues or events, or special offers from NAVIGATA.
You may not use the Service to send threatening or harassing email. However, not every “flame” message or angry exchange of email can automatically be considered harassment. NAVIGATA is not responsible for the content or tone of any email or other transmissions by the subscribers to its Service or other parties using the Internet and subscribers or others should not expect that NAVIGATA would attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. NAVIGATA will co-operate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by users of the Service who believe they are being subject to unlawful harassment or other criminal activity.
You agree that sending unsolicited email by users of the Service whether for advertising or other purposes is prohibited. A customer shall not provide support services for unsolicited email. These services include but are not limited to: mail relay, electronic mailboxes, website hosting, transaction processing, DNS, and software distribution. NAVIGATA reserves the right, at its sole discretion, to make a determination whether any particular service is related to unsolicited commercial email.
If a subscriber runs a mailserver, the subscriber must maintain a mailbox and read mail sent to postmaster@(yourdomain) and abuse@(yourdomain).
You acknowledge and agree that NAVIGATA policy with respect to unsolicited email applicable to users of the service may change from time to time. Such changes will be reflected in revised versions of the Terms and Conditions applying to the Service and/or this policy and made available to users of the Service from time to time, including but not limited to, being made available to your system’s administrator for the Service. NAVIGATA reserves the right to immediately suspend or terminate your Service in the event you do not comply with NAVIGATA policy respecting unsolicited email.
You may not attempt to send email using a name and address of someone other than yourself. Attempting to impersonate any person, using forged headers or other identifying information is prohibited. Attempts to do so that are discovered by NAVIGATA or reported by other parties may be reported to the proper authority immediately, and may result in the offending account being terminated immediately. The use of anonymous re-mailers and nicknames, by themselves, does not necessarily constitute impersonation if it is not being done with the intention of misleading the recipient or another party into believing that you are some other specifically identifiable user or person other than yourself.
Subscribers also may not engage in the following activities while using the Service:
intercepting, redirecting or otherwise interfering or attempting to interfere with email intended for other parties;
posting or transmitting a file that would infringe upon the rights of others including without limitation, trademarks, or service marks, confidential and/or proprietary information, and copyrighted materials;
posting or transmitting a file or message through any storage medium that contains viruses, ‘Trojan Horses’, worms or any other destructive or contaminating features;
knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
publishing, posting, distributing or disseminating defamatory, infringing, obscene or other unlawful material or information;
using the Service or systems to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others.
It may be necessary for NAVIGATA employees or representatives to examine system operational and accounting logs and other records to resolve Service-related problems. NAVIGATA reserves the right to access an account’s mailbox or other features to resolve problems or mail system errors.
Email accounts that are inactive for a period of six months or more may be automatically deleted from the system in order to maintain optimum system server performance. Those account addresses will be notified by email in advance of deletion.
NAVIGATA does not intend to censor the content of any newsgroups or other communications passing through its systems. We believe such choices should generally, be left to the individual subscriber. Software tools are available to screen a subscriber account’s access to newsgroups and Web sites that might be considered offensive. It is the subscriber’s responsibility to make use of such tools if desired.
Newsgroup postings and other email messages sent via the Service and the Internet are communications between the senders and consenting receivers thereof, and NAVIGATAhas neither the authority nor the responsibility to regulate their content. The views and comments expressed by NAVIGATA Internet subscribers or other senders of such postings or messages are solely those of their authors and do not reflect any review, approval or endorsement by NAVIGATA. NAVIGATA will, however, attempt to assist subscribers who continually receive email they deem to be objectionable and/or unsolicited email and who notify NAVIGATA of the problem.
Generally, there is no restriction on content or postings, except as defined by each newsgroup. However, continued posting of off-topic or inappropriate articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups. If numerous complaints are received with respect to off topic or inappropriate postings from a particular subscriber, NAVIGATA reserves the right to take appropriate actions, which may include but not be limited to issuing a warning to that subscriber or terminating that subscriber’s account without notice.
Engaging in activities, whether lawful or unlawful, that NAVIGATA determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations is prohibited.
NAVIGATA prohibits any conduct which violates the accepted norms and expectations of the Internet community at large (whether or not detailed in this Acceptable Use Policy). NAVIGATA reserves the right, in its sole discretion, to make a determination whether any particular conduct violates such norms and expectations. NAVIGATA may attempt to contact Customer with regards to any behavior that is in violation of the accepted norms, but provides no guarantee to such contact taking place prior to commencing any action deemed appropriate in the circumstances.
The Service is offered subject to your compliance with the following terms and conditions:
NAVIGATA reserves the right to manage its system and network resources utilized by each web site, and to make whatever changes necessary to ensure optimum performance for all of our customers.
NAVIGATA reserves the right to immediately cancel any hosting account at any time and without notice if it poses an immediate threat to our network, servers, or us, including our reputation, integrity, and security.
NAVIGATA reserves the right to monitor the content of your NAVIGATA web site and to require that you remove content which NAVIGATA, in its sole discretion, determines to be illegal, harmful or offensive.
NAVIGATA reserves the right to modify or otherwise amend these terms and conditions without prior notice or warning. Your continued use of the Service after any such modification or amendment is made is deemed to be your acceptance of such modifications or amendments. If you do not agree with any such modifications or amendments then you may cancel your subscription to the Service. Accordingly you are encouraged to visit NAVIGATA’s web site from time to time to be aware of any changes in such terms and conditions.
You are prohibited from posting or transmitting any data, message, image, information or program (“a file”) which is indecent, pornographic or obscene. You are prohibited from posting or transmitting a file which is defamatory, libelous or which discloses private or personal matters concerning any individual.
You are prohibited from posting or transmitting a file which contains viruses, ‘Trojan Horses’, worms or any other destructive or contaminating features.
You are prohibited from using the Service for the purpose of conducting or for the purpose of soliciting any activity considered to be illegal. NAVIGATA reserves the right to report such illegal activities to any and all-regulatory, administrative and/or governmental authorities for appropriate action.
NAVIGATA reserves the right to make changes to the Service that may necessitate a change to your web site address (url) or files and/or scripts. Such changes to the Service include, without limitation, changes to NAVIGATA’s servers supporting the Service, the software and/or versions that are operated on those servers, or a change to the domain associated with the Service. In no event will NAVIGATA be liable to you for any loss or expense incurred by you if your web site address (url), files or scripts are required to change because of a change by NAVIGATA to the Service, including without limitation, any expense incurred by you for services required to update or upgrade the url, files and scripts, new stationary or advertising materials.
You are prohibited from interfering with other users of the Service. You are prohibited from accessing illegally or without authorization computers, accounts or networks belonging to NAVIGATA or to any other party, or attempting to penetrate security measures of NAVIGATA’s or any other party’s systems (often known as “hacking” or “cracking”). Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) is also prohibite
You are prohibited from posting or transmitting a file that would infringe upon the rights of others including without limitation, trademarks or service marks, confidential proprietary information, and copyrighted materials.
You are prohibited from using NAVIGATA’s network as a means to transmit or post, defamatory, harassing, abusing, or threatening material, data, information or content of any kind.
You are prohibited from sending unsolicited emails (spam), from any of our servers, using an email address or domain that is maintained on our server as a reference, and from forging or misrepresenting message headers, whether in whole, or in part, to mask the originator of the message. NAVIGATA will be the sole arbiter as to what constitutes a violation of this provision.
All software provided with the Service or as a component of the Service is provided on an “as is” basis without any warranty or condition of any kind, including without limitation, any warranty or representation that such software will perform to any particular standard or be free from bugs, errors or remain unaffected by computer viruses or other similar features affecting performance of such software. All such warranties and conditions, express or implied are expressly disclaimed, including any warranty or condition of merchantability or fitness for a particular purpose.
You are prohibited from offering this Service, with or without charge, to any other entity (regardless of whether or not value is added to the Service).
NAVIGATA makes no representation or warranty that the Service will be uninterrupted or error free. You agree that your usage of the Service will not exceed the total megabyte storage limit or total bandwidth limit associated with your Service package. If you exceed either of these limits you will be upgraded to the next highest package level to accommodate your usage. Going forward, your charges for the upgrade in package level will be adjusted accordingly.
You are prohibited from installing your own Internet Relay Chat functionality (e-chat rooms) in conjunction with or as part of the Service provided by NAVIGATA to you in conjunction with your account..
NAVIGATA performs maintenance in a weekly scheduled maintenance window. During this time any or all of the Service may be unavailable. NAVIGATA has the right to conduct an emergency maintenance window at any time, during which time the Service may be unavailable.
You have no real property interest in any equipment space provided to you by NAVIGATA, and any such provision of equipment space grants you only a license to occupy the equipment space. Payment by you for the equipment space does not create or vest in you (or in any other party) any leasehold estate, easement, ownership interest, lien, or other proprietary right or interest of any nature in any part of NAVIGATA’s premises or facilities including the equipment space.
NAVIGATA allows you the ability to run command scripts (CGIs) which allow you to administer and maintain your own web site/space. You are not permitted to use the CGI scripts to cause degradation to NAVIGATA’s equipment, facilities or network. NAVIGATA reserves the right to have you remove any scripts which NAVIGATA, in its sole discretion, determines to be harmful to its equipment, facilities or network. All CGI scripts must contain a header which includes a complete explanation as to what the script does. All undocumented CGI scripts will be removed by NAVIGATA. You are responsible for any and all damages that your CGI scripts cause. NAVIGATA may remove any scripts immediately upon identification of any problems caused by them.
NAVIGATA and you will comply with all laws applicable to the exercise of their rights and performance of their obligations under this Agreement. This Agreement will be subject to and interpreted in accordance with the federal law of Canada and the laws of the British Columbia, without regard to that province’s choice of law rules. Venue and jurisdiction will be in such province.
NAVIGATA does not represent, warrant, guarantee or offer any warranty, condition or promise that the Service is secure or will not be breached or compromised, including without limitation, breach or compromise by a third party. Any and all such representations, warranties or conditions are specifically disclaimed. NAVIGATA will not be liable to the Customer or user of the Service or any third party for any claim, loss or damage of any kind whatsoever, whether direct or indirect, arising or resulting from, or directly or indirectly related to the Service not providing a secure environment for users of the Service or the Service environment being breached or compromised, whether or not any such loss, claim or damage was reasonably foreseeable or not.
NAVIGATA does not warrant, represent or guarantee in any way that the Customer or any users of the Service or any third party will not be exposed to or affected by computer viruses, trojan horses, worms or any other destructive devices such as malicious code designed to attack computers or applications. Any and all such representations, warranties or conditions are specifically disclaimed. NAVIGATA will not be liable to the Customer or any user of the Service or any third party for any claim, loss or damage of any kind whatsoever, whether direct or indirect, arising or resulting from, or directly or indirectly related to the Customer, any user of the Service or any third party being in any way exposed to, or affected by, a computer virus, trojan horse, worm or other malicious code, while using or having used the Service or the Customer’s application being hosted by the Service, whether any such loss, claim or damage was reasonably foreseeable or not.
Without in any way limiting paragraphs 21 and 22 above, NAVIGATA will not be liable for any claims or damages, direct or indirect, incidental, special or consequential which include but are not limited to, damages for loss of profits, business interruption or loss of information arising from the use or inability to use the Service, whether such claims or damages are based in contract or in tort, including negligence or based upon any other theory or liability or cause of action, whether any such claims or damages were reasonably foreseeable by NAVIGATA or not.
No party will be regarded as being in breach of any obligation under this Agreement where its failure to perform is a result of circumstances beyond its reasonable control, including, without limiting the generality of the foregoing, acts of God, shortages of material or labour, delays in transportation, delays in or lack of telecommunication facilities, riot, war, civil insurrection, or acts of the enemies of the lawful government. The party so prevented from performing covenants will use reasonable efforts to perform its obligations under this Agreement as soon as the effect of the force majeure has ceased.
This Agreement shall not be assignable by you without the written consent of NAVIGATA. The terms or conditions of this Agreement may be changed by the written mutual consent of both parties. In the event that a court deems a clause of this agreement to be in violation of any applicable law, then that clause will be removed and the remainder of this agreement remains intact.
The Hosted PBX Services may be used only in accordance with NAVIGATA’s General Terms and Conditions and the Internet Services Acceptable Use Policy.
You understand the Hosted PBX Services do not function in the event of a power failure (regardless of where the power failure arises) or during a broadband (Internet) outage.
NAVIGATA strongly recommends that you retain and/or acquire an analog local access line or fax line to be available for 911 calls or in the event of a power failure or broadband (Internet) outage.
NAVIGATA provides a 911 calling feature with the Hosted PBX Services; however, this 911 calling feature has important limitations and differences from the 911 or E911 service available with traditional, analog, phone service. These limitations and differences, as well as a summary of User Tips, are described in more detail in the section “Notice of 911 Limitations”.
NAVIGATA will provide and maintain the Hosted PBX Services to you subject to availability of facilities on commercially reasonable terms.
In the event NAVIGATA is unable to obtain or maintain on commercially reasonable terms the required facilities and services to provide the Hosted PBX Services to you, or the required facilities and services are no longer available, then NAVIGATA may at its option, upon thirty (30) days prior written notice to you:
NAVIGATA provides phones and network equipment for your exclusive use of the Services (the “Equipment”). The Equipment at all times remains the property of NAVIGATA. You shall not sell, lease, transfer or assign the Equipment provided by NAVIGATA. You may use the Equipment only at the location you have indicated at the time you subscribe to the Services, subject to the notification requirements set out below.
You are responsible for the safekeeping of the Equipment. If in your care, the Equipment is damaged, lost or stolen, you agree to pay NAVIGATA the full cost to recover, repair or replace the Equipment, as determined by NAVIGATA in its sole discretion.
On the cancellation or termination of the Services (whether by the Customer or NAVIGATA), you are required to return the Equipment to NAVIGATA in good working order excepting reasonable wear and tear. If the Equipment is not returned to NAVIGATA, you will be responsible for the full replacement value of the equipment.
You must advise NAVIGATA at least forty-five (45) calendar days prior to the date of your move.
If you move to a location outside of the NAVIGATA service area, all Equipment must be returned to NAVIGATA in good working order. Equipment charges will apply for all equipment that is not returned or is returned in damaged condition. Contract termination fees may also apply.
If you move to another location within the NAVIGATA service area, you may only transfer your telephone number to a location within the same exchange area (there may be more than one exchange area in the NAVIGATA service area).
Without limiting the applicability of the early termination, termination and suspension provisions in the General Terms and Conditions of Service, the following provisions apply with respect to the Hosted PBX Service: Upon expiration of the initial term, this agreement will automatically renew for additional one (1) year periods on the same terms and conditions unless either NAVIGATA or the Customer gives, at least one month prior to the expiration of any such renewal period, written notice to the other that NAVIGATA or the Customer as the case may be, does not want the Term of a Schedule to renew for another one year period.
BY SUBSCRIBING TO NAVIGATA HOSTED PBX SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS REGARDING 911 SERVICE USING THE NAVIGATA HOSTED PBX SERVICES.
The following list of 911 user tips is critical information that needs to be understood by all users of the NAVIGATA Hosted PBX Services.
911 service with Hosted PBX has certain limitations as compared with traditional E911;
When you dial 911 using the NAVIGATA Hosted PBX Services, you will be connected to an intermediate operator. This operator will ask that you confirm your location and will then transfer you to the emergency services agency that serves the area you have identified;
When calling for emergency help, you must be prepared to confirm your location and call-back number with the operator;
Your NAVIGATA Hosted PBX Services (including the ability to dial 911) will be unavailable during a power failure or broadband Internet outage;
With both traditional 911 and E911 service, your call is sent directly to the nearest Public Safety Answering Point (“PSAP”). In addition, with E911 service, your call-back number and address are visible to the PSAP operator
With 911 service available with NAVIGATA’s Hosted PBX Services, your call may be sent to a national emergency call centre or sent to the local PSAP but without address information. The call centre operator will ask for your location and call-back information and then transfer your 911 call to the emergency response centre nearest to your location.
You must be prepared to provide your address and call-back number to the operator. If you are unable to speak to the operator, the operator may not be able to transfer your call to the appropriate emergency response centre and/or may be unable to call you back. Do not hang up unless specifically directed to do so and if disconnected, you should dial 911 again.
Failure to provide your current and accurate physical address and location of your NAVIGATA Hosted PBX equipment to the operator will result in any 911 communication you may make being routed to the incorrect local emergency service provider. The address information that you provide must be the actual physical street address where you are located, not a post office box, mail drop or similar address.
It is the responsibility of the user to ensure that their location details are kept current in the NAVIGATA database. To facilitate address updates, NAVIGATA provides an address update tool on the “myAccount” webpage.
Remember that the 911 service will not function in the event of a power or broadband (Internet) outage or if your broadband (Internet), Internet Service Provider, or NAVIGATA service is suspended or terminated for any reason.
You should be aware that 911 emergency calls that are made using the NAVIGATA Hosted PBXServices will take longer to be connected to the correct 911 response centre than calls made using a traditional landline telephone.
As well, the operation of the NAVIGATA Hosted PBX Services are subject to the availability of your network, which may be affected by power outages or other interruptions. If you make a remote Hosted PBX 911 emergency call (i.e. a call made from outside your local area network at your service address of record) from outside Canada or from a location within Canada that is not served by 911, the operator will not be able to complete this 911 emergency call.
For these reasons, it is advisable to use a traditional landline telephone for 911 emergency calls whenever possible.
Measures that should be taken by a 911 caller as a result of such differences:
Alternative 911 arrangements You acknowledge that NAVIGATA Hosted PBX Service does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.
Inform all users and potential users of the Hosted PBX Services of the nature and limitations of the 911 service
You must inform your staff, guests, and other persons who may be present at the physical location where you utilize the Hosted PBX Service, of the important differences in and limitations of VoIP 911 Dialing service as compared with E911 service, as set out above. You must also inform them of the alternate 911 calling method that is available (i.e. by cell or by using the fax line phone).
Stickers are included with your startup kit to attach to your phones warning of the limitations associated with 911 calling, if the stickers are missing or you require replacements please contact NAVIGATA and stickers will be provided free of charge.
BY SUBSCRIBING TO NAVIGATA HOSTED PBX SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS REGARDING 911 SERVICE USING THE NAVIGATA HOSTED PBX SERVICES.
The following list of 911 user tips is critical information that needs to be understood by all users of the NAVIGATA Hosted PBX Services.
911 service with Hosted PBX has certain limitations as compared with traditional E911;
When you dial 911 using the NAVIGATA Hosted PBX Services, you will be connected to an intermediate operator. This operator will ask that you confirm your location and will then transfer you to the emergency services agency that serves the area you have identified;
When calling for emergency help, you must be prepared to confirm your location and call-back number with the operator;
Your NAVIGATA Hosted PBX Services (including the ability to dial 911) will be unavailable during a power failure or broadband Internet outage;
If you call 911, stay on the line until instructed to hang up; call back if you get disconnected. You must ensure that you understand the 911 limitations of your NAVIGATA Hosted PBX Services and that other potential users are made aware of these limitations.
Summary of Key Differences and Limitations compared to traditional analog telephone service:
NAVIGATA’s Hosted PBX Services offers a form of 911 (emergency telephone) service that is similar to traditional 911 service but has some important differences and limitations when compared with enhanced 911 service (“E911”) available in most locations with traditional analog (i.e. non-VoIP) telephone service.
With both traditional 911 and E911 service, your call is sent directly to the nearest Public Safety Answering Point (“PSAP”). In addition, with E911 service, your call-back number and address are visible to the PSAP operator.
With 911 service available with NAVIGATA’s Hosted PBX Services, your call may be sent to a national emergency call centre or sent to the local PSAP but without address information. The call centre operator will ask for your location and call-back information and then transfer your 911 call to the emergency response centre nearest to your location.
You must be prepared to provide your address and call-back number to the operator. If you are unable to speak to the operator, the operator may not be able to transfer your call to the appropriate emergency response centre and/or may be unable to call you back. Do not hang up unless specifically directed to do so and if disconnected, you should dial 911 again.
Failure to provide your current and accurate physical address and location of your NAVIGATA Hosted PBX equipment to the operator will result in any 911 communication you may make being routed to the incorrect local emergency service provider. The address information that you provide must be the actual physical street address where you are located, not a post office box, mail drop or similar address.
It is the responsibility of the user to ensure that their location details are kept current in the NAVIGATA database. To facilitate address updates, NAVIGATA provides an address update tool on the “myAccount” webpage.
Remember that the 911 service will not function in the event of a power or broadband (Internet) outage or if your broadband (Internet), Internet Service Provider, or NAVIGATA service is suspended or terminated for any reason.
You should be aware that 911 emergency calls that are made using the NAVIGATA Hosted PBXServices will take longer to be connected to the correct 911 response centre than calls made using a traditional landline telephone.
As well, the operation of the NAVIGATA Hosted PBX Services are subject to the availability of your network, which may be affected by power outages or other interruptions. If you make a remote Hosted PBX 911 emergency call (i.e. a call made from outside your local area network at your service address of record) from outside Canada or from a location within Canada that is not served by 911, the operator will not be able to complete this 911 emergency call.
For these reasons, it is advisable to use a traditional landline telephone for 911 emergency calls whenever possible.
Measures that should be taken by a 911 caller as a result of such differences:
Alternative 911 arrangements
You acknowledge that NAVIGATA Hosted PBX Service does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.
Inform all users and potential users of the Hosted PBX Services of the nature and limitations of the 911 service
You must inform your staff, guests, and other persons who may be present at the physical location where you utilize the Hosted PBX Service, of the important differences in and limitations of VoIP 911 Dialing service as compared with E911 service, as set out above. You must also inform them of the alternate 911 calling method that is available (i.e. by cell or by using the fax line phone).
Stickers are included with your startup kit to attach to your phones warning of the limitations associated with 911 calling, if the stickers are missing or you require replacements please contact NAVIGATA and stickers will be provided free of charge.
