Terms of Service – Regulated

ARTICLE 1: GENERAL
ARTICLE 2: EFFECTIVE DATE OF CHANGES
ARTICLE 3: OBLIGATION TO PROVIDE SERVICE
ARTICLE 4: MTS FACILITIES
ARTICLE 5: MTS’S RIGHT TO ENTER PREMISES
ARTICLE 6: BASIC SERVICE
ARTICLE 7: DEPOSITS AND ALTERNATIVES
ARTICLE 8: RESTRICTIONS ON USE OF SERVICE
ARTICLE 9: CUSTOMER LIABILITY FOR CALLS AND CHARGES
ARTICLE 10: DISPUTE PROCEDURE
ARTICLE 11: CONFIDENTIALITY OF CUSTOMER RECORDS
ARTICLE 12: DIRECTORIES
ARTICLE 13: DIRECTORY ERRORS AND OMISSIONS
ARTICLE 14: MTS-INITIATED CHANGES IN TELEPHONE NUMBERS AND SERVICE ARRANGEMENTS
ARTICLE 15: REFUNDS IN CASES OF SERVICE PROBLEMS
ARTICLE 16: LIMITATION OF MTS LIABILITY
ARTICLE 17: PAYMENT TIME LIMIT
ARTICLE 18: LIABILITY FOR UNBILLED AND UNDERBILLED CHARGES
ARTICLE 19: LIABILITY FOR CHARGES THAT SHOULD NOT HAVE BEEN BILLED AND THOSE THAT WERE OVERBILLED
ARTICLE 20: MINIMUM CONTRACT PERIOD AND CANCELLATION BEFORE SERVICE COMMENCEMENT
ARTICLE 21: CUSTOMER-INITIATED TERMINATION OF SERVICE
ARTICLE 22: MTS-INITIATED SUSPENSION OR TERMINATION OF SERVICE

ARTICLE 1: GENERAL

1.1 Except as otherwise specified, these Terms of Service apply with regard to services for which the Canadian Radio-television and Telecommunications Commission (“CRTC”) has approved a tariff.

1.2 These Terms do not limit MTS’s liability in cases of deliberate fault, gross negligence, anti-competitive conduct, or of breach of contract where the breach results from the gross negligence of MTS.

1.3 Tariffed services offered by MTS are subject to the terms and conditions contained in:
(a) these Terms;
(b) applicable provisions of MTS’s tariffs; and
(c) any written application, to the extent that it is not inconsistent with these Terms or the tariffs.

All of the above bind both MTS and its customers.

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ARTICLE 2: EFFECTIVE DATE OF CHANGES

2.1 Subject to Section 2.2, changes to these Terms or the tariffs, as approved by the CRTC, take effect on their effective date even though applicants or customers have not been notified of them or have paid or been billed at the old rate.

2.2 The old non-recurring charges for the transaction in question apply where service which was to be provided by a certain agreed-upon date was, through no fault of the applicant or customer, not so provided and in the meantime a rate increase has gone into effect.

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ARTICLE 3: OBLIGATION TO PROVIDE SERVICE

3.1 MTS is not required to provide service to an applicant where:
(a) MTS would have to incur unusual expenses which the applicant will not pay; for example, for securing rights-of-way or for special construction;
(b) the applicant owes amounts to MTS that are past due other than as a guarantor;
(c) the applicant does not provide a reasonable deposit or alternative required pursuant to these Terms; or
(d) MTS cannot acquire or maintain the equipment, facilities, rights-of-way, rights-of-access, or space in or on buildings that are necessary to provide service.

3 .2 Applications for service or for additional service and/or equipment in connection with service already established may be made orally or shall be in writing if MTS so requires in order to establish the identity of the applicant or customer in circumstances where MTS has reasonable grounds for believing that the applicant or customer intends to defraud MTS or to evade payment.

3.3 Where MTS does not provide service on application, it will provide the applicant with a written explanation upon request.

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ARTICLE 4: MTS FACILITIES

4.1 Except where otherwise stipulated in its tariffs or by special agreement, MTS will furnish and install all facilities required to provide service.

4.2 MTS normally will provide the electrical energy necessary for the furnishing of service, except that the applicant or customer (i) shall arrange and pay for a local supply of suitable commercial power with outlets when required for the operation of equipment required to furnish the service and (ii) will be responsible for providing the appropriate maintenance to battery back-up equipment provided by MTS Inc. at the customer premises, including contacting MTS Inc. if and when prompted to do so by the equipment.

4.3 Upon termination of service, the customer must return MTS equipment.

4.4 MTS will bear the expense of maintenance and repairs required due to normal wear and tear to its facilities, except that MTS may charge for the additional expense incurred when the applicant or customer requires maintenance and repair work to be performed outside of regular working hours. This section does not apply where otherwise stipulated in MTS tariffs or by special agreement.

4.5 A customer who has deliberately, or by virtue of a lack of reasonable care, caused loss or damage to MTS’s facilities, may be charged the cost of restoration or replacement. In all cases, customers are liable for damage caused to MTS facilities by customer-provided facilities.

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ARTICLE 5: MTS’S RIGHT TO ENTER PREMISES

5.1 MTS’s agents and employees may enter premises on which service is or is to be provided, during MTS’s normal working hours if the work is completed at the customer’s request, or in the event of an emergency or potential harm to the network, at any time subject to the provisions of Sections 5.2 and 5.3, to install, inspect, repair and remove its facilities, to inspect and perform necessary maintenance in cases of network-affecting disruptions involving customer-provided facilities, and to collect proceeds from coin telephones.

5.2 Prior to entering premises, MTS must obtain permission from the applicant, customer or other responsible person, except where entry is for the purposes of collecting the proceeds from coin telephones.

5.3 Entry is not subject to Sections 5.1 and 5.2 in cases of emergency or where entry is pursuant to a court order.

5.4 Upon request, MTS’s agent or employee must show valid MTS identification prior to entering premises.

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ARTICLE 6: BASIC SERVICE

6.1 MTS provides individual-line, touch tone service as its basic service platform. Service is subject to the availability of suitable facilities.

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ARTICLE 7: DEPOSITS AND ALTERNATIVES

7.1 Except as otherwise stipulated in its tariffs, MTS cannot require deposits from an applicant or customer at any time unless the applicant or customer:
(a) has no credit history with MTS and will not provide satisfactory credit information;
(b) has an unsatisfactory credit rating with MTS due to payment practices in the previous two years regarding MTS’s services; or
(c) clearly presents an abnormal risk of loss.

7 .2 MTS must inform the applicant or customer of the specific reason for requiring a deposit, and of the possibility of providing an alternative to a deposit, such as arranging for third party payment, a bank letter of credit, or a written guarantee from a third person who is a customer of MTS and whose credit is established to the satisfaction of MTS.

7.3 An applicant or customer may provide an alternative to a deposit provided it is reasonable in the circumstances.

7.4 The total amount of all deposits and alternatives provided by or for an applicant or customer may not at any time exceed three months’ charges for all services, including anticipated long distance charges. However, where an applicant or customer clearly presents an abnormal risk of loss, MTS may require a deposit or alternative not to exceed six months’ charges for all services, including anticipated long distance charges.

7.5 Deposits earn interest at a rate equivalent to the rate of interest paid by the Canadian Imperial Bank of Commerce (CIBC) on Bonus Savings accounts as modified by the CIBC from time to time.

7.6 At least once per year, MTS will indicate on the customer’s monthly account the total amount of deposits held as well as the total interest accrued on the deposits.

7.7 MTS will review the continued appropriateness of deposits and alternative arrangements at six month intervals. When service is terminated or the conditions which originally justified them are no longer present, MTS will promptly refund the deposit, with interest, or return the guarantee or other written undertaking, retaining only any amount then owed to it by the customer.

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ARTICLE 8: RESTRICTIONS ON USE OF SERVICE

8.1 Service may be used by the customer and all persons having the customer’s permission to use it. In the case of business telephone service, joint use within the meaning of MTS’s tariffs is permitted only upon approval by MTS in accordance with the applicable provisions of its tariffs.

8.2 Customers are prohibited from using MTS’s services or permitting them to be used for a purpose or in a manner that is contrary to law or for the purpose of making annoying or offensive calls.

8.3 Customers are prohibited from using MTS’s services or permitting them to be used so as to prevent a fair and proportionate use by others. For this purpose, MTS may limit use of its services as necessary.

8.4 MTS’s facilities must not be re-arranged, disconnected, removed, repaired or otherwise interfered with except in cases of emergency, where specified in MTS’s tariffs or by special agreement. Terminal equipment provided by the customer may be connected with MTS’s facilities, pursuant to the provisions of MTS’s tariffs or by special agreement.

8.5 No payment may be exacted, directly or indirectly, from any person by any party other than MTS for the use of any of MTS’s services, except where otherwise stipulated in MTS’s tariffs or by special agreement, as in the case of hotel, motel and hospital customers.

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ARTICLE 9: CUSTOMER LIABILITY FOR CALLS AND CHARGES

9.1 Customers are responsible for paying for all calls originating from, and charged calls accepted at, their telephones, regardless of who made or accepted them, including all applicable service and usage charges associated with such calls.

9.2 MTS may, if it so elects, collect all or part of the charges referred to in Section 9.1 from the person placing the call or from any person who may otherwise be responsible for the charges incurred.

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ARTICLE 10: DISPUTE PROCEDURE

10.1 Customers may dispute charges for calls which they do not believe originated from, or were accepted at, their telephones. The dispute procedure set out in the introductory pages of the telephone directory should be followed and customers must pay the undisputed portion of the bill.

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ARTICLE 11: CONFIDENTIALITY OF CUSTOMER RECORDS

11.1 Unless a customer provides express consent (1) or disclosure is pursuant to a legal power, all information kept by MTS regarding the customer, other than the customer’s name, address and listed telephone number, is confidential and may not be disclosed by MTS to anyone other than:
(a) the customer;
(b) a person who, in the reasonable judgment of MTS, is seeking the information as an agent of the customer;
(c) another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;
(d) a company involved in supplying the customer with telephone directories, or telephone directory-related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose;
(e) an agent used by MTS to evaluate the customer’s creditworthiness or to collect the customer’s account, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose;
(f) a public authority or agent of a public authority, if in the reasonable judgment of MTS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; or
(g) an affiliate involved in supplying the customer with telecommunications and/or broadcasting services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose.

Note(s):
(1) Express consent may be taken to be given by a customer where the customer provides:
(a) written consent;
(b) oral confirmation verified by an independent third party;
(c) electronic confirmation through the use of a toll-free number;
(d) electronic confirmation via the Internet.;
(e) oral consent, where an audio recording of the content is retained by the carrier; or
(f) consent through other methods, as long as an objective documented record of customer consent is created by the customer or by an independent third party.

11.2 MTS’s liability for unauthorized disclosure of information contrary to Section 11.1 is not limited by Section 16.1.

11.3 Upon request, customers are permitted to inspect any MTS records regarding their service, provided that:
(a) the customer has given MTS sufficient advance notice and detail of the information sought to allow MTS to comply with the request, and
(b) in a case where MTS would incur unusual expense to provide the information, the customer agrees to reimburse MTS for those costs.

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ARTICLE 12: DIRECTORIES

12.1 Customers are entitled to receive, without charge, as many copies of the most recent telephone directory for their district, both white and yellow pages, and as many copies of subsequent updated directories as they are published, as are reasonably required, up to a maximum of one per telephone, whether provided by the customer or MTS.

12.2 MTS will provide, without charge, replacement directories required as a result of reasonable wear and tear.

12.3 Except as provided in MTS’s Tariffs, the contents of MTS’s directories may not be published or reproduced in any form without MTS’s written consent.

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ARTICLE 13: DIRECTORY ERRORS AND OMISSIONS

13.1 In the case of errors or omissions in directory white and yellow pages standard listings, information service or reference of calls to another telephone number, whether or not the error or omission is with regard to a telephone number, MTS’s liability is limited to making a refund or canceling any charge associated with such listings for the period during which the error or omission occurred. No liability shall be attached to MTS by reason of continuation of the customer’s listing in a directory after the customer’s service has been terminated. However, where the error or omission is occasioned by MTS’s negligence, MTS is also liable for the amount calculated in accordance with Section 16.1.

13.2 In the case of errors in telephone numbers in directory white and yellow pages listings, unless central office facilities are unavailable, MTS must provide a reference of call service, free of charge, until the earlier of the termination of the customer’s service or the distribution of an updated directory for that district in which the number or listing is correct.

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ARTICLE 14: MTS-INITIATED CHANGES IN TELEPHONE NUMBERS AND SERVICE ARRANGEMENTS

14.1 Customers do not have any property rights in telephone numbers assigned to them. MTS may change such numbers, provided it has reasonable grounds for doing so and has given reasonable advance written notice to the customers in question, stating the reason and anticipated date of change. In cases of emergency, oral notice with subsequent written confirmation is sufficient.

14.2 Whenever MTS changes a customer’s telephone number on its own initiative, it must, unless there are insufficient central office terminations available, provide a reference of call service without charge until the earlier of the termination of the customer’s service or the distribution of an updated directory for that district showing the new number.

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ARTICLE 15: REFUNDS IN CASES OF SERVICE PROBLEMS

15.1 MTS does not guarantee uninterrupted working of its services or equipment. Where there are omissions, interruptions, delays, errors or defects in transmission, or failures or defects in MTS’s facilities or equipment, MTS will, on request, refund that part of the customer’s fixed monthly charge (or other periodic charge) for the service, which is proportionate to the length of time the problem existed, unless the problem was caused by the negligence of the customer or by customer-provided telephone equipment connected to the local electrical supply.

15.2 MTS is not liable for any damages arising from omissions, interruptions, delays, errors or defects in transmission, or failures or defects in MTS’s facilities or equipment, unless they were caused by MTS’s negligence, in which case MTS, in addition to the amount in Section 15.1, will be liable for an amount calculated in accordance with Section 16.1.

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ARTICLE 16: LIMITATION OF MTS LIABILITY

16.1 Except with regard to physical injuries, death or damage to customer premises or other property occasioned by its negligence, MTS’s liability for negligence, including negligence related to the interception and reference of calls, emergency service from pay telephones, and breach of contract where the breach results from the negligence of MTS, is limited to the greater of $20 and three times the amounts refunded or cancelled in accordance with Sections 13.1 and 15.1, as applicable.

16.2 MTS is not liable for:
(a) any act or omission of a telecommunications carrier whose facilities are used in establishing connections to or from customer-controlled facilities and equipment;
(b) defamation or copyright infringement arising from material or messages transmitted or received over MTS’s facilities;
(c) infringement of patents arising from combining or using customer-provided facilities with MTS’s facilities;
(d) copyright or trademark infringement, passing off or acts of unfair competition arising from directory advertisements furnished by a customer or a customer’s directory listing, provided such advertisements or the information contained in such listings were received in good faith in the ordinary course of business ; or
(e) damages arising out of the act, default, neglect or omission of the customer in the use or operation of equipment provided by MTS.

16.3 MTS is not liable for any damages or injuries which may occur through lightning or other currents being carried over or through MTS’s facilities or equipment.

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ARTICLE 17: PAYMENT TIME LIMIT

17.1 Telephone service shall be billed in advance and all amounts owing shall be due on the bill date shown on the bill, except where otherwise provided in MTS’s tariffs. Charges for services requiring computation shall be payable monthly in arrears or upon demand by MTS. Failure to receive a bill showing the amount owing by the customer to MTS shall not relieve the customer from the responsibility of making prompt payment to MTS.

17.2 Subject to Sections 17.3 and 17.4, charges are considered past due as defined on the customer’s bill. MTS cannot assess late payment charges for unpaid amounts that are past due or dishonoured payment charges (a payment returned from a financial institution) at rates that exceed the lowest rate charged in association with any of its non-tariffed services.

17.3 In exceptional circumstances, for example when a customer has incurred a significant amount of long distance charges and presents an abnormal risk of loss to MTS, prior to the normal billing date, MTS may request payment from the customer on an interim basis for the non-recurring charges that have accrued, upon providing the customer with details regarding the services and charges in question. In such cases, subject to Section 17.4, the charges can be considered past due three days after they are incurred or three days after MTS demands payment, whichever occurs later.

17.4 No charge disputed by a customer can be considered past due unless MTS has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.

17.5 MTS may request immediate payment in extreme situations, provided that a notice has been issued pursuant to Section 17.3 and the abnormal risk of loss has substantially increased since that notice was given or MTS has reasonable grounds for believing that the customer intends to defraud MTS.

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ARTICLE 18: LIABILITY FOR UNBILLED AND UNDERBILLED CHARGES

18.1 Unless there has been customer deception with regard to a charge, customers are not responsible for paying a previously unbilled or underbilled charge except where:
(a) in the case of a recurring charge or a charge for an international long distance message, it is correctly billed within a period of one year from the date it was incurred; or
(b) in the case of a non-recurring charge other than for an international long distance message, it is correctly billed within a period of 150 days from the date it was incurred.

18.2 In the circumstances described in Section 18.1, unless there has been customer deception, MTS cannot charge the customer interest on the amount of the correction. If the customer is unable to promptly pay the full amount owing, MTS will attempt to negotiate a reasonable deferred payment agreement.

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ARTICLE 19: LIABILITY FOR CHARGES THAT SHOULD NOT HAVE BEEN BILLED AND THOSE THAT WERE OVERBILLED

19.1 In the case of a recurring charge that should not have been billed or that was overbilled, a customer must be credited with the excess back to the date of the error, or whatever is the furthest customer or company record which substantiates the date of the error, subject to applicable limitation periods provided by law. However, a customer who does not dispute the charge within one year of the date of an itemized statement which shows that charge correctly, loses the right to have the excess credited for the period prior to that statement.

19.2 Non-recurring charges that should not have been billed or that were overbilled must be credited, provided that the customer disputes them within 150 days of the date of the bill.

19.3 A customer who is credited with any amount that should not have been billed or that was overbilled must also be credited with interest on that amount at the rate payable for interest on deposits that applied during the period in question.

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ARTICLE 20: MINIMUM CONTRACT PERIOD AND CANCELLATION BEFORE SERVICE COMMENCEMENT

20.1 The minimum contract period for MTS’s services is one month, commencing on the date the service is provided, except where otherwise specified in MTS’s tariffs or where MTS has stipulated a longer period in instances where special construction is necessary or special assemblies are installed, or where unusual expense is necessary for the provision of the service or the equipment. The minimum contract period does not apply to residential or small business customers to the extent indicated in Broadcasting and Telecom Regulatory Policy CRTC 2014-576.

20.2 A customer who cancels or delays a request for service before installation work has started cannot be charged by MTS. Installation work is considered to have started when the customer has advised MTS to proceed, and MTS has incurred any related expense. A customer who cancels or delays a request for service after installation work has started, but before service has started, will be charged the lesser of the full charge for the entire minimum contract period plus the installation charge and the estimated costs incurred in installation less estimated net salvage. The estimated installation costs include the cost of unsalvaged equipment and materials specifically provided or used plus the cost of installing, including engineering, supply expense, labour and supervision, and any other expenses resulting from the installation and removal work.

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ARTICLE 21: CUSTOMER-INITIATED TERMINATION OF SERVICE

21.1 Service may be terminated by the customer after the expiration of the minimum contract period upon reasonable advance notice to MTS. Advance notice is not required for residential or small business customers to the extent indicated in Broadcasting and Telecom Regulatory Policy CRTC 2014-576. The customer shall pay all charges due for service which has been furnished.

21.2 Before expiry of the minimum contract period, customers may terminate their service, in which case they must pay the full charges for the entire minimum contract period or, in the following circumstances, charges due for service which has been furnished:
(a) in the event of the death of the customer during the minimum contract period, the termination is effective from the date MTS is notified of the death;
(b) where the customer’s premises are destroyed, damaged or condemned by reason of fire or other causes beyond the customer’s control, so that they must be abandoned, the termination is effective from the date MTS is notified;
(c) in the case of directory listings for which a specific charge applies and in the case of directory listings related to joint use of service, in the event of the death of the listed party or any joint user or when either acquires separate telephone service, the termination is effective from the date MTS is notified of the death or from the date of the commencement of the separate service;
(d) where a change to the base rate, exchange or local service area affects the customer’s service, the termination is effective from the date MTS is notified of the customer’s desire to terminate service;
(e) in the case of a customer’s service being taken over without lapse by a new customer at the same location or being superseded by another service of the same customer or at the same or different location, termination becomes effective from the date of change and charges due for the balance of the entire minimum contract period shall be paid by the original customer for any of the original service and equipment which is discontinued at the time of the change, subject to the terms of the tariffs and, notwithstanding Section 1.3(c), the terms of the contract for the service in question;
(f) where the circumstances specified in Section 21.2(a) to (e) do not apply, the minimum contract period is greater than one month at the same location, and the customer has given MTS advance notice, the termination is effective when the customer pays the termination charge specified in the contract for the service in question or, where such charge is not specified, a termination charge of one-half of the charges remaining for the unexpired portion of the minimum contract period; and
(g) in the case of directory listings for which a specific charge applies and in the case of directory listings related to joint use of service, where the listing has appeared in a directory and the customer’s service is terminated or the listed party or joint user moves to another location, and the customer has given MTS advance notice, the termination is effective on the date of that service termination or move, and the customer must pay the full amount of the specific charge for a minimum of one month or until reference of call service is no longer provided.

21.3 At the Company’s discretion, the termination charges set out in section 21.2 may be reduced or waived for contracts that have been automatically renewed. The customer will continue to be responsible for charges due for service which has been furnished.

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ARTICLE 22: MTS-INITIATED SUSPENSION OR TERMINATION OF SERVICE

22.1 MTS may suspend or terminate a customer’s service only where the customer:
(a) fails to pay an account of the customer that is past due, provided it exceeds $50.00 or has been past due for more than two months;
(b) fails to provide or maintain a reasonable deposit or alternative when required to do so pursuant to these Terms;
(c) fails to comply with the terms of a deferred payment agreement;
(d) repeatedly fails to provide MTS with reasonable entry and access in conformity with Sections 5.1 and 5.2;
(e) uses or permits others to use any of MTS’s services so as to prevent fair and proportionate use by others;
(f) uses or permits others to use any of MTS’s services for a purpose or in a manner that is contrary to law or for the purpose of making annoying or offensive calls;
(g) contravenes Sections 8.4 or 8.5;
(h) fails to provide payment when requested by MTS pursuant to Section 17.5;
(i) is in default of payment for charges purchased from, or billed on behalf of, other long distance service providers; or
(j) is a company which becomes bankrupt or has a receiver or receiver-manager appointed to govern the customer’s affairs.

22.2 MTS may not suspend or terminate service in the following circumstances:
(a) failure to pay non-tariffed charges;
(b) failure to pay charges for a different class of service at different premises or for service in the name of another customer, including failure to pay the account of another customer as a guarantor;
(c) where the customer is prepared to enter into and honour a reasonable deferred payment agreement; or
(d) where there is a dispute regarding the basis of the proposed suspension or termination, provided payment is being made for undisputed outstanding amounts and MTS does not have reasonable grounds for believing that the purpose of that dispute is to evade or delay payment.

22.3 Prior to suspension or termination, MTS must provide the customer with reasonable advance notice, stating:
(a) the reason for the proposed suspension or termination and the amount owing, if any;
(b) the scheduled suspension or termination date;
(c) that a reasonable deferred payment agreement can be entered into, where the reason for suspension or termination is failure to pay;
(d) the reconnection charge;
(e) the telephone number of an MTS representative with whom any dispute may be discussed; and
(f) that disputes unresolved with this representative may be referred to a senior MTS manager.
Where repeated efforts to contact the customer have failed, MTS must deliver such advance notice to the billing address by leaving it at that address or by sending it by facsimile or other electronic document transmission, where possible.
For the purposes of Article 22.3, reasonable advance notice for the termination or suspension of the service of a customer that is a competitor will generally be at least 30 days.

22.4 In addition to the notice required by Section 22.3, MTS must, at least twenty-four hours prior to suspension or termination, advise the customer or another responsible person that suspension or termination is imminent, except where:
(a) repeated efforts to contact the customer have failed;
(b) immediate action must be taken to protect MTS from network harm resulting from the customer’s facilities or equipment; or
(c) the suspension or termination occurs by virtue of a failure to provide payment when requested by MTS pursuant to Section 17.5.

22.5 Except with customer consent or in exceptional circumstances, suspension or termination may occur only on business days between 8:00 a.m. and 4:00 p.m., unless the business day precedes a non-business day, in which case disconnection may not occur after 12:00 noon.

22.6 Suspension or termination does not affect the customer’s obligation to pay any amount owed to MTS. In the case of services that have been suspended, unless suspension occurs during the minimum contract period, MTS will make a daily pro rata allowance based on the monthly charge for the suspended services.

22.7 Subsequent to the suspension of the customer’s service, standard service charges will apply upon reconnection of such service.

22.8 Subsequent to removal of MTS’s equipment from the customer’s premises due to termination, service will be re-established only upon the basis of a new application, whereupon the standard service charges will apply.

22.9 MTS must restore service, without undue delay, where the grounds for suspension or termination no longer exist or a payment or deferred payment agreement has been negotiated.

22.10 Where it becomes apparent that suspension or termination occurred in error or was otherwise improper, MTS must restore service during business hours on the next working day, at the latest, unless exceptional circumstances do not permit this, and no reconnection charges shall be levied.

22.11 MTS may restrict access to message toll service from a customer’s line for non-payment of charges that are purchased from, or billed on behalf of, other long distance service providers and which are not disputed.

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Terms of Service – Unregulated

ARTICLE 1: GENERAL
ARTICLE 2: OBLIGATION TO PROVIDE SERVICE
ARTICLE 3: MTS FACILITIES
ARTICLE 4: MTS’S RIGHT TO ENTER PREMISES
ARTICLE 5: DEPOSITS AND ALTERNATIVES
ARTICLE 6: RESTRICTIONS ON USE OF SERVICE
ARTICLE 7: CUSTOMER LIABILITY FOR CALLS AND CHARGES
ARTICLE 8: DISPUTE PROCEDURE
ARTICLE 9: CONFIDENTIALITY OF CUSTOMER RECORDS
ARTICLE 10: PAYMENT TIME LIMIT
ARTICLE 11: LIABILITY FOR UNBILLED AND UNDERBILLED CHARGES
ARTICLE 12: LIABILITY FOR CHARGES THAT SHOULD NOT HAVE BEEN BILLED AND THOSE THAT WERE OVERBILLED
ARTICLE 13: MINIMUM CONTRACT PERIOD AND CANCELLATION BEFORE SERVICE COMMENCEMENT
ARTICLE 14: SERVICE PROBLEM REFUNDS AND EXCLUSIONS
ARTICLE 15: LIMITATION OF MTS LIABILITY
ARTICLE 16: CUSTOMER-INITIATED TERMINATION OF SERVICE
ARTICLE 17: MTS-INITIATED SUSPENSION OR TERMINATION OF SERVICE

ARTICLE 1: GENERAL

1.1 Except as otherwise specified, these Terms of Service apply with regard to unregulated services requested by a customer. Unregulated services are telecommunications services that are subject to a forbearance order by the Canadian Radio-television and Telecommunications Commission.

1.2 These Terms of Service do not limit MTS’s liability in cases of deliberate fault or gross negligence, or of breach of contract where the breach results from the gross negligence of MTS.

1.3 Unregulated services offered by MTS are subject to the terms and conditions contained in the following (collectively, the “Terms”):

(a) these Terms of Service;

(b) MTS’s standard terms and conditions relating to specific unregulated services; and

(c) any written application, to the extent that it is not inconsistent with (a) and (b) above.

1.4 The Terms shall bind both MTS and its customers, and are subject to change from time to time. Where there are standard terms and conditions applicable to an unregulated service (Standard Terms and Conditions), or where there is a written contract between MTS and the Customer for the unregulated service, the Standard Terms and Conditions and/or written contract (as applicable) will apply in respect of such unregulated service. To the extent of any inconsistency between the Standard Terms and Conditions and/or written contract (as applicable) and these Terms, the Standard Terms and Conditions and/or written contract (as applicable) shall prevail over these Terms.

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ARTICLE 2: OBLIGATION TO PROVIDE SERVICE

2.1 MTS is not required to provide service to an applicant in certain circumstances, including where:

(a) MTS would have to incur unusual expenses which the applicant will not pay; for example, for securing rights-of-way or for special construction;

(b) the applicant owes amounts to MTS that are past due other than as a guarantor;

(c) the applicant does not provide a reasonable deposit or alternative required pursuant to these Terms; or

(d) MTS cannot acquire or maintain the equipment, facilities, rights-of-way, rights-of-access, or space in or on buildings that are necessary to provide service.

2.2 Applications for service or for additional service and/or equipment in connection with service already established may be made orally or shall be in writing if MTS so requires in order to establish the identity of the applicant or customer in circumstances where MTS has reasonable grounds for believing that the applicant or customer intends to defraud MTS or to evade payment.

2.3 Where MTS does not provide service on application, it will provide the applicant with a written explanation upon request.

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ARTICLE 3: MTS FACILITIES

3.1 Except where otherwise provided in the Terms or by special agreement, MTS will furnish and install all facilities required to provide service.

3.2 MTS normally will provide the electrical energy necessary for the furnishing of service, except that the applicant or customer(i) shall arrange and pay for a local supply of suitable commercial power with outlets when required for the operation of equipment required to furnish the service and (ii) will be responsible for providing the appropriate maintenance to battery back-up equipment provided by MTS Inc. at the customer premises, including contacting MTS Inc. if and when prompted to do so by the equipment.

3.3 Upon termination of service, the customer must return MTS equipment.

3.4 MTS will bear the expense of maintenance and repairs required due to normal wear and tear to its facilities, except that MTS may charge for the additional expense incurred when the applicant or customer requires maintenance and repair work to be performed outside of regular working hours.

3.5 A customer who has deliberately, or by virtue of a lack of reasonable care, caused loss or damage to MTS’s facilities, may be charged the cost of restoration or replacement. In all cases, customers are liable for damage caused to MTS facilities by customer-provided facilities.

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ARTICLE 4: MTS’S RIGHT TO ENTER PREMISES

4.1 MTS’s agents and employees may enter premises on which service is or is to be provided, during MTS’s normal working hours if the work is completed at the customer’s request, or in the event of an emergency or potential harm to the network, at any time subject to the provisions of Sections 4.2 and 4.3, to install, inspect, repair and remove its facilities, and to inspect and perform necessary maintenance in cases of network-affecting disruptions involving customer-provided facilities.

4.2 Prior to entering premises, MTS must obtain permission from the applicant, customer or other responsible person.

4.3 Entry is not subject to Sections 4.1 and 4.2 in cases of emergency or where entry is pursuant to a court order.

4.4 Upon request, MTS’s agent or employee must show valid MTS identification prior to entering premises.

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ARTICLE 5: DEPOSITS AND ALTERNATIVES

5.1 MTS may require deposits from an applicant or customer at any time if the applicant or customer:

(a) has no credit history with MTS and will not provide satisfactory credit information;

(b) has an unsatisfactory credit rating with MTS due to payment practices in the previous two years regarding MTS’s services; or

(c) clearly presents an abnormal risk of loss.

5.2 MTS will inform the applicant or customer of the specific reason for requiring a deposit, and of the possibility of providing an alternative to a deposit, such as arranging for third party payment, a bank letter of credit, or a written guarantee from a third person who is a customer of MTS and whose credit is established to the satisfaction of MTS.

5.3 An applicant or customer may provide an alternative to a deposit provided it is reasonable in the circumstances.

5.4 The total amount of all deposits and alternatives provided by or for an applicant or customer may not at any time exceed three months’ charges for all services, including anticipated long distance charges. However, where an applicant or customer clearly presents an abnormal risk of loss, MTS may require a deposit or alternative not to exceed six months’ charges for all services, including anticipated long distance charges.

5.5 Deposits will earn interest in accordance with the annual savings account rate established by MTS’s principal bank from time to time. Interest is applied to deposits on December 31st or at the time the deposit is refunded to the customer, pro-rated for the portion of the year the deposit is held by MTS.

5.6 At least once per year, MTS will indicate on the customer’s monthly account the total amount of deposits held as well as the total interest accrued on the deposits.

5.7 MTS will review the continued appropriateness of deposits and alternative arrangements at six month intervals. When service is terminated or the conditions which originally justified them are no longer present, MTS will promptly refund the deposit, with interest, or return the guarantee or other written undertaking, retaining only any amount then owed to it by the customer.

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ARTICLE 6: RESTRICTIONS ON USE OF SERVICE

6.1 Unless otherwise specified, service may be used by the customer and all persons having the customer’s permission to use it.

6.2 Customers are prohibited from using MTS’s services or permitting them to be used for a purpose or in a manner that is contrary to law or for the purpose of making annoying or offensive calls.

6.3 Customers are prohibited from using MTS’s services or permitting them to be used so as to prevent a fair and proportionate use by others. For this purpose, MTS may limit use of its services as necessary.

6.4 MTS’s facilities must not be re-arranged, disconnected, removed, repaired or otherwise interfered with except in cases of emergency or by special agreement.

6.5 No payment may be exacted, directly or indirectly, from any person by any party other than MTS for the use of any of MTS’s services, except by special agreement.

6.6 MTS Unlimited Long Distance calling in Canada and to the U.S. is intended for residential calling. Chat or party lines, long distance calls made using 3-Way Calling or multi-party conference calls may be restricted. All calling plans are subject to MTS’s Fair Use Policy (mts.ca/fairuse).

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ARTICLE 7: CUSTOMER LIABILITY FOR CALLS AND CHARGES

7.1 Customers are responsible for paying for all calls originating from, and charged calls accepted at, their telephones, regardless of who made or accepted them, including all applicable service and usage charges associated with such calls.

7.2 MTS may, if it so elects, collect all or part of the charges referred to in Section 7.1 from the person placing the call or from any person who may otherwise be responsible for the charges incurred.

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ARTICLE 8: DISPUTE PROCEDURE

8.1 Customers may dispute charges for calls which they do not believe originated from, or were accepted at, their telephones. The dispute procedure set out in the introductory pages of the telephone directory should be followed and customers must pay the undisputed portion of the bill.

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ARTICLE 9: CONFIDENTIALITY OF CUSTOMER RECORDS

9.1 Unless a customer consents in writing or disclosure is pursuant to a legal power, all information kept by MTS regarding the customer, other than the customer’s name, address and listed telephone number, is confidential and may not be disclosed by MTS to anyone other than:

(a) the customer;

(b) a person who, in the reasonable judgment of MTS, is seeking the information as an agent of the customer;

(c) another telephone company, provided the information is required for the efficient and cost effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;

(d) a company involved in supplying the customer with telephone directories, or telephone directory-related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose;

(e) an agent used by MTS to evaluate the customer’s creditworthiness or to collect the customer’s account, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or

(f) a public authority or agent of a public authority, if in the reasonable judgment of MTS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.

(g) an affiliate involved in supplying the customer with telecommunications and/or broadcasting services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose.

9.2 MTS’s liability for unauthorized disclosure of information contrary to Section 9.1 is not limited by Section 15.1.

9.3 Upon request, customers are permitted to inspect any MTS records regarding their service, provided that:

(a) the customer has given MTS sufficient advance notice and detail of the information sought to allow MTS to comply with the request; and

(b) in a case where MTS would incur unusual expense to provide the information, the customer agrees to reimburse MTS for those costs.

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ARTICLE 10: PAYMENT TIME LIMIT

10.1 Failure to receive a bill showing the amount owing by the customer to MTS shall not relieve the customer from the responsibility of making prompt payment to MTS.

10.2 Subject to Sections 10.3 and 10.4, charges will be considered past due when payment has not been received by MTS within thirty (30) days of the billing date. All charges not paid when due will bear interest at the rate set out in MTS’s bills from time to time.

10.3 In exceptional circumstances MTS may request payment from the customer on an interim basis for the non-recurring charges that have accrued, upon providing the customer with details regarding the services and charges in question. In such cases, subject to Section

10.4, the charges can be considered past due three (3) days after they are incurred or three (3) days after MTS demands payment, whichever occurs later.

10.4 No charge disputed by a customer can be considered past due unless MTS has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.

10.5 MTS may request immediate payment in extreme situations, provided that a notice has been issued pursuant to Section 10.3 and the abnormal risk of loss has substantially increased since that notice was given or MTS has reasonable grounds for believing that the customer intends to defraud MTS.

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ARTICLE 11: LIABILITY FOR UNBILLED AND UNDERBILLED CHARGES

11.1 Unless there has been customer deception with regard to a charge, customers are not responsible for paying a previously unbilled or underbilled charge except where:

(a) in the case of a recurring charge or a charge for an international long distance message, it is correctly billed within a period of one year from the date it was incurred; or

(b) in the case of a non-recurring charge other than for an international long distance message, it is correctly billed within a period of 150 days from the date it was incurred.

11.2 In the circumstances described in Section 11.1, unless there has been customer deception, MTS cannot charge the customer interest on the amount of the correction. If the customer is unable to promptly pay the full amount owing, MTS will attempt to negotiate a reasonable deferred payment agreement.

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ARTICLE 12: LIABILITY FOR CHARGES THAT SHOULD NOT HAVE BEEN BILLED AND THOSE THAT WERE OVERBILLED

12.1 In the case of a recurring charge that should not have been billed or that was over-billed, a customer must be credited with the excess back to the date of the error, or whatever is the furthest customer or company record which substantiates the date of the error, subject to applicable limitation periods provided by law. However, a customer who does not dispute the charge within one year of the date of an itemized statement which shows that charge correctly, loses the right to have the excess credited for the period prior to that statement.

12.2 Non-recurring charges that should not have been billed or that were overbilled must be credited, provided that the customer disputes them within 150 days of the date of the bill.

12.3 A customer who is credited with any amount that should not have been billed or that was overbilled must also be credited with interest on that amount at the rate payable for interest on deposits that applied during the period in question.

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ARTICLE 13: MINIMUM CONTRACT PERIOD AND CANCELLATION BEFORE SERVICE COMMENCEMENT

13.1 The minimum contract period for MTS’s services is one month, commencing on the date the service is provided, except where otherwise specified or where MTS has stipulated a longer period in instances where special construction is necessary or special assemblies are installed, or where unusual expense is necessary for the provision of the service or the equipment. The minimum contract period does not apply to local voice, Internet service, or television service for residential or small business customers to the extent indicated in Broadcasting and Telecom Regulatory Policy CRTC 2014-576.

13.2 A customer who cancels or delays a request for service before installation work has started cannot be charged by MTS. Installation work is considered to have started when the customer has advised MTS to proceed, and MTS has incurred any related expense. A customer who cancels or delays a request for service after installation work has started, but before service has started, will be charged the lesser of the full charge for the entire minimum contract period plus the installation charge and the estimated costs incurred in installation less estimated net salvage. The estimated installation costs include the cost of unsalvaged equipment and materials specifically provided or used plus the cost of installing, including engineering, supply expense, labour and supervision, and any other expenses resulting from the installation and removal work.

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ARTICLE 14: SERVICE PROBLEM REFUNDS AND EXCLUSIONS

14.1 MTS does not guarantee uninterrupted working of its services or equipment. MTS makes no warranties, representations or conditions of any nature whatsoever, either expressed or implied, including, without limitation, any warranty, representation or condition of fitness for a particular purpose or merchantability with respect to MTS’s services, and all warranties, representations and conditions, expressed or implied, are, to the extent permitted by applicable law, hereby excluded. Where there are omissions, interruptions, delays, errors or defects in transmission, or failures or defects in MTS’s facilities or equipment, MTS will, on request, refund that part of the customer’s fixed monthly charge (or other periodic charge) for the service, which is proportionate to the length of time the problem existed, unless the problem was caused by the negligence of the customer or by customer-provided telephone equipment connected to the local electrical supply.

14.2 MTS is not liable for any damages arising from omissions, interruptions, delays, errors or defects in transmission, or failures or defects in MTS’s facilities or equipment, unless they were caused by MTS’s negligence, in which case MTS, in addition to the amount in Section 14.1, will be liable for an amount calculated in accordance with Section 15.1.

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ARTICLE 15: LIMITATION OF MTS LIABILITY

15.1 Except with regard to physical injuries, death or damage to customer premises or other property occasioned by its negligence, MTS’s liability for negligence and for breach of contract (including fundamental breach or otherwise and breach of contract resulting from the negligence of MTS) is limited to the greater of $20 and three times the amounts refunded or cancelled in accordance with Section 14.1, as applicable. MTS, in no event, shall be liable to the customer or any third party for any indirect, special, consequential, incidental, economic or punitive damages including, without limitation, loss of data, loss of income, loss of profit, or failure to realize expected savings arising directly or indirectly from MTS’s negligence or breach of contract (including fundamental breach or otherwise and breach of contract resulting from the negligence of MTS).

15.2 MTS is not liable for:

(a) any act or omission of a telecommunications carrier whose facilities are used in establishing connections to or from customer-controlled facilities and equipment;

(b) defamation or copyright infringement arising from material or messages transmitted or received over MTS’s facilities;

(c) infringement of patents arising from combining or using customer-provided facilities with MTS’s facilities; or

(d) damages arising out of the act, default, neglect or omission of the customer in the use or operation of equipment provided by MTS.

15.3 MTS is not liable for any damages or injuries which may occur through lightning or other currents being carried over or through MTS’s facilities or equipment.

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ARTICLE 16: CUSTOMER-INITIATED TERMINATION OF SERVICE

16.1 Service may be terminated by the customer after the expiration of the minimum contract period upon reasonable advance notice to MTS. Advance notice is not required to terminate local voice, Internet service, or television service for residential or small business customers to the extent indicated in Broadcasting and Telecom Regulatory Policy CRTC 2014-576. The customer shall pay all charges due for service which has been furnished.

16.2 Before expiry of the minimum contract period, customers may terminate their service, in which case they must pay the full charges for the entire minimum contract period or, in the following circumstances, charges due for service which has been furnished:

(a) in the event of the death of the customer during the minimum contract period, the termination is effective from the date MTS is notified of the death;

(b) where the customer’s premises are destroyed, damaged or condemned by reason of fire or other causes beyond the customer’s control, so that they must be abandoned, the termination is effective from the date MTS is notified;

(c) where a change to the base rate, exchange or local service area affects the customer’s service, the termination is effective from the date MTS is notified of the customer’s desire to terminate service;

(d) in the case of a customer’s service being taken over without lapse by a new customer at the same location or being superseded by another service of the same customer or at the same or different location, termination becomes effective from the date of change and charges due for the balance of the entire minimum contract period shall be paid by the original customer for any of the original service and equipment which is discontinued at the time of the change, subject to the terms of the contract for the service in question; or

(e) where the circumstances specified in Section 16.2(a) to (d) do not apply, the minimum contract period is greater than one (1) month at the same location, and the customer has given MTS advance notice, the termination is effective when the customer pays the termination charge specified in the contract for the service in question or, where such charge is not specified, a termination charge of one-half of the charges remaining for the unexpired portion of the minimum contract period.

16.3 At the Company’s discretion, the termination charges set out in section 16.2 may be reduced or waived for contracts that have been automatically renewed. The customer will continue to be responsible for charges due for service which has been furnished.

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ARTICLE 17: MTS-INITIATED SUSPENSION OR TERMINATION OF SERVICE

17.1 MTS may suspend or terminate a customer’s service only where the customer:

(a) fails to pay an account of the customer that is past due, provided it exceeds $50.00 or has been past due for more than two months;

(b) fails to provide or maintain a reasonable deposit or alternative when required to do so pursuant to the Terms;

(c) fails to comply with the terms of a deferred payment agreement;

(d) repeatedly fails to provide MTS with reasonable entry and access in conformity with Sections 4.1 and 4.2;

(e) uses or permits others to use any of MTS’s services so as to prevent fair and proportionate use by others;

(f) uses or permits others to use any of MTS’s services for a purpose or in a manner that is contrary to law or for the purpose of making annoying or offensive calls;

(g) contravenes Sections 6.4, 6.5 or 6.6;

(h) fails to provide payment when requested by MTS pursuant to Section 10.5;

(i) is in default of payment for charges purchased from, or billed on behalf of, other long distance service providers; or

(j) is a company which becomes bankrupt or has a receiver or receiver-manager appointed to govern the customer’s affairs.

17.2 MTS will not suspend or terminate service in the following circumstances:

(a) failure to pay charges for a different class of service at different premises or for service in the name of another customer, including failure to pay the account of another customer as a guarantor;

(b) where the customer is prepared to enter into and honour a reasonable deferred payment agreement; or

(c) where there is a dispute regarding the basis of the proposed suspension or termination, provided payment is being made for undisputed outstanding amounts and MTS does not have reasonable grounds for believing that the purpose of that dispute is to evade or delay payment.

17.3 Prior to suspension or termination, MTS will provide the customer with reasonable advance notice, stating:

(a) the reason for the proposed suspension or termination and the amount owing, if any;

(b) the scheduled suspension or termination date;

(c) that a reasonable deferred payment agreement can be entered into, where the reason for suspension or termination is failure to pay;

(d) the reconnection charge;

(e) the telephone number of an MTS representative with whom any dispute may be discussed; and

(f) that disputes unresolved with this representative may be referred to a senior MTS manager.

Where repeated efforts to contact the customer have failed, MTS will deliver such advance notice to the billing address by leaving it at that address or by sending it by facsimile or other electronic document transmission, where possible.

17.4 In addition to the notice required by Section 17.3, MTS will, at least twenty-four hours prior to suspension or termination, advise the customer or another responsible person that suspension or termination is imminent, except where:

(a) repeated efforts to contact the customer have failed;

(b) immediate action must be taken to protect MTS from network harm resulting from the customer’s facilities or equipment; or

(c) the suspension or termination occurs by virtue of a failure to provide payment when requested by MTS pursuant to Section 10.5.

17.5 Except with customer consent or in exceptional circumstances, suspension or termination will occur only on business days between 8:00 a.m. and 4:00 p.m., unless the business day precedes a non-business day, in which case disconnection may not occur after 12:00 noon.

17.6 Suspension or termination does not affect the customer’s obligation to pay any amount owed to MTS. In the case of services that have been suspended, unless suspension occurs during the minimum contract period, MTS will make a daily pro rata allowance based on the monthly charge for the suspended services.

17.7 Subsequent to the suspension of the customer’s service, standard service charges will apply upon reconnection of such service.

17.8 Subsequent to removal of MTS’s equipment from the customer’s premises due to termination, service will be re-established only upon the basis of a new application, whereupon the standard service charges will apply.

17.9 MTS will restore service, without undue delay, where the grounds for suspension or termination no longer exist or a payment or deferred payment agreement has been negotiated.

17.10 Where it becomes apparent that suspension or termination occurred in error or was otherwise improper, MTS will restore service during business hours on the next working day, at the latest, unless exceptional circumstances do not permit this, and no reconnection charges will be levied.

17.11 MTS may restrict access to message toll service from a customer’s line for non-payment of charges that are purchased from, or billed on behalf of, other long distance service providers and which are not disputed.

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These terms are current as of January 1, 2007.

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