Privacy Policy and Terms of Service for Simplicom's Telephone Systems
Telecommunications Simplicom Inc. is committed to protecting the privacy of its customers' personal information. We fully adhere to the spirit and objectives of the Personal Information Protection and Electronic Documents Act, Canada's privacy legislation. Telecommunications Simplicom Inc. collects personal information for various purposes, including processing your service requests. Your personal information is considered confidential and is used to manage your product and service requests, maintain our business relationship with you, analyze, understand, and meet your needs. Telecommunications Simplicom Inc. also analyzes and uses information to improve the products we offer to our customers. If a member of Telecommunications Simplicom Inc. has a product or service that may be of interest to you, we will send you information about the product or service unless you inform us otherwise by withdrawing your consent to receive such information.
Telecommunications Simplicom Inc. neither sells nor rents personal information to third parties. Telecommunications Simplicom Inc. may outsource certain account processing or other customer service functions to an affiliate or third party. In such cases, personal information will be provided to the affiliate or third party. However, Telecommunications Simplicom Inc. will always enter into strict non-disclosure agreements with the third party. In cases where an affiliate or third party is located in the United States, your information may be processed and stored in the United States, and as such, your information may be accessed by U.S. government authorities, courts, law enforcement, or regulatory agencies under U.S. federal laws.
Customers of Telecommunications Simplicom Inc. must be informed of and consent to any collection, use, or disclosure of their personal information unless it is inappropriate to do so. To determine the form that consent will take, Telecommunications Simplicom Inc. must consider the nature and sensitivity of the personal information collected, used, or disclosed.A customer may withdraw their consent at any time by contacting us at “info@simplicom.ca” or via our website at www.simplicom.ca.
However, the customer should be aware that if they withdraw their consent for the collection, use, or disclosure of their personal information, this may affect Telecommunications Simplicom Inc.'s ability to provide continuous service or offer products.The terms of subscription to Telecommunications Simplicom Inc. services are detailed on all service request forms. Following subscription to services from Telecommunications Simplicom Inc., the personal information collected is used for the purposes outlined above, including facilitating the activation of services.
Telecommunications Simplicom Inc. may only collect personal information necessary for the determined purposes.
Telecommunications Simplicom Inc. may collect, among other things, the following personal information: all personal information related to the customer’s account (e.g., but not limited to, name, first name, age, chosen language, mailing address), and/or information related to the customer's use of the service (e.g., but not limited to, plan type, usage), as well as banking information to facilitate payments, in the form of pre-authorized payments or any other form.
Some of this personal information allows Telecommunications Simplicom Inc. to approve or reject the customer's request. Information that precisely identifies you, such as your date of birth, helps us accurately identify you.
Telecommunications Simplicom Inc. must not use or disclose personal information for purposes other than those defined above, including facilitating the activation of customer services, customer identification, and, if necessary, collecting unpaid balances related to the offered services. Information provided by Telecommunications Simplicom Inc. to partners or suppliers is always treated confidentially.
Telecommunications Simplicom Inc. may provide personal information to its parent company, subsidiaries, authorized agents, and resellers with which it has entered into a commercial agreement to expand its operations or improve the services offered to clients. These entities are entitled to use, analyze, and share customer-related personal information to manage customer accounts. The information may also be shared in connection with transactions or operations performed by Telecommunications Simplicom Inc. among its subsidiaries or with other companies. In all mentioned cases, Telecommunications Simplicom Inc. discloses personal information in confidence.
Telecommunications Simplicom Inc. must only retain personal information as long as necessary to fulfill the identified purposes or for legal reasons. Once no longer required, personal information will be destroyed, erased, or anonymized.
Your personal information will be stored in a file in your name at Telecommunications Simplicom Inc., 1430 St-Martin West, Laval, Quebec, H7S 1M9, at the head office of TELECOMMUNICATIONS SIMPLICOM INC., and the company commits to ensuring the highest possible accuracy when collecting and managing personal information. Information will only be updated at the customer's request or when necessary for the following purposes: creating credit reports, financial reports, etc. Telecommunications Simplicom Inc. will not update or verify information unless requested by the customer.
Telecommunications Simplicom Inc. must ensure that personal information entered into its IT system is easily accessible to employees for the purposes described above, particularly to offer the best possible service to customers. All employees of Telecommunications Simplicom Inc. are bound by strict confidentiality regarding this personal information and must commit to this in writing. Telecommunications Simplicom Inc. regularly provides reminders of this policy.If you have any questions regarding the privacy policy, if you refuse to accept it, or if you wish to restrict the collection, use, or disclosure of your information, feel free to contact our Privacy Officer at info@simplicom.ca.
Commitment: Simplicom commits to providing the services mentioned in this document, also known as the SERVICE AGREEMENT. Any additional requests from the client must be approved, and a new service offer must be validated. If a monetary surcharge applies, it will be specified along with the additions to the project related to the surcharge. Simplicom will not be held responsible for any cost overruns caused by another party or changes made by the client, whether directly or indirectly related to the work specified in this service offer.
Scope of the Agreement: The parties agree that this agreement will act as the "primary" agreement, and its terms will govern all services provided by Simplicom to the client unless the parties explicitly agree that this agreement will not apply in a separate written agreement signed by an authorized representative of both parties. Each service offer will define a description and characteristics of the work to be performed, along with the monetary compensation payable to Simplicom for those services.
District: The parties agree that this agreement is signed in the judicial district of Laval and that any legal action must be initiated in this district.
Representation: Each party acknowledges that no representation, inducement, promise, or agreement, oral or otherwise, has been made by any party or anyone acting on behalf of any party that is not expressly authorized herein. Any modifications to this agreement will only be effective if made in writing, signed, and dated by both parties.
Termination of the Agreement: The agreement covers a renewable period of 30 days. The client may choose not to renew at any time. The client must notify Simplicom in writing before the 31st day by sending an email to info@simplicom.ca. If the client wishes to terminate the agreement before the end of the monthly term, an amount equivalent to 25% of the total project sum specified in the service offer OR the total of hours worked, telephone, and internet services used, and materials purchased to date at the current hourly rate (whichever is higher) will be payable to Simplicom, even if installation has not commenced or is incomplete. An invoice corresponding to this amount will be sent to the client, and they will have 30 days to pay the total amount. The client must return all rented equipment to Simplicom within 30 days of the cancellation. After the 31st day, the equipment will be billed at the current price.
Legal Fees: If any legal action is necessary to enforce or interpret the terms of this agreement, Simplicom will be entitled to reimbursement of reasonable attorney fees, costs, and necessary expenses incurred before or after judgment, in addition to any other relief to which the party may be entitled.
Entire Agreement: This agreement is a standalone document and supersedes any other oral or written agreements between the parties, except for confidentiality clauses.
Partial Invalidity of Clauses: If any clause of this agreement is found by a competent court to be invalid or unenforceable, the remaining provisions will remain fully enforceable without being altered or invalidated in any way.
Limitation of Liability: The client understands and agrees that in the event of a breach, service outage, monetary loss, damage, or any other problem related to components, whether caused by the client, a third party authorized by the client, or Simplicom, the liability of Simplicom will be limited to the total contract amount between the parties, and no other additional sum may be claimed in any manner.
Ownership (Lease-Purchase): The client will become the owner of the equipment under a lease-purchase agreement after the period specified in the agreement. Simplicom retains full ownership of the equipment during the lease-purchase period. Simplicom may block usage or reclaim this equipment due to non-payment. In such a case, the client will receive a 30-day notice to bring the billing up to date. After this period, Simplicom may cancel the lease-purchase contract and reclaim the equipment. The client will not be refunded any amounts paid for the lease-purchase and will be responsible for returning the equipment within a reasonable timeframe.
Ownership and Use of Rented Equipment: Simplicom retains full ownership of rented equipment that is not under a lease-purchase agreement. Simplicom may block usage or reclaim its equipment due to non-payment. In such a case, the client will receive a 30-day notice. Afterward, the client will be responsible for returning the equipment within a reasonable timeframe. Softphones or virtual phones are limited to one installation per physical phone and share the same license as the physical phone (1 license). A license grants the right to one channel, one concurrent call. A client cannot use their physical phone simultaneously with the softphone attached to it.
Subcontractors: Simplicom may carry out necessary work and incur any expenses deemed necessary in the client's best interest. The client authorizes Simplicom to delegate one or more aspects of the mandate to a qualified individual.
Delays and/or Work Stoppage: The mandate must begin no later than 60 DAYS after the agreement is signed, failing which a cost re-evaluation will be carried out. Simplicom will make every effort to meet all delivery dates for each phase specified in the service offer. Simplicom will ensure that the work is performed promptly, diligently, and in accordance with all reasonable professional standards for similar services. In the event that work is stopped for more than 60 DAYS while waiting for data or information from the client, a third party, or delayed payment, and this delay was not anticipated at the start of the project, all hours worked during the project will be invoiced immediately, and a notice will be sent to the client. From the time of sending this notice, a fee of 1% of the total project amount will be added to the final invoice each week until work resumes. Work stoppage is defined as the moment when an email, phone call, fax, or invoice has been sent to the client, and Simplicom has not received the requested information, elements, or payment. The project may resume once the missing information is provided.
Payment: In the event of non-payment for an installation or one-time project, the completed portion of the project may be suspended until full payment of the partial invoice is received.
Long-Distance Calls: Long-distance calls within Canada are free. For all other international destinations, a per-minute fee will be charged. The international rates list is subject to change without notice. For more information, please contact us.
Normal Use: We reserve the right to immediately suspend your service and offer you another call plan or terminate your service if we determine, at our sole discretion, that your use of the service is or has been inconsistent with normal usage for an individual, business, or other customers. Normal usage is considered to be up to 5,000 minutes per month per individual.
911 Responsibility and Limitations: Do not dial 911 except in an emergency. We disclaim any responsibility if the routing of calls is incorrect or results in an error. Neither Simplicom nor its affiliates, partners, directors, officers, or employees can be held liable for any claims, damages, or losses. You waive any claims or causes of action arising from or related to the 9-1-1 dialing service. You must defend, indemnify, and hold Simplicom harmless, along with its directors, officers, employees, affiliates, agents, partners, and any other service provider supplying services in connection with the service, from all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, legal fees and expenses) by or on behalf of you or any third party related to the absence, failure, or outage of the service, including 9-1-1 services, improperly routed 9-1-1 calls, or any user's inability to use the 9-1-1 service or access emergency services personnel.
Telemarketing and Other Prohibited Uses: The client agrees to use this service for legitimate purposes. Use must comply with all applicable laws in Canada, the United States, and the country where the client is located. Additionally, the service may not be used for call center functions, telemarketing, debt collection agencies, or automatic dialing. The use of scripts that alter the behavior of the management interface or dial numbers is prohibited.
Responsibility for Calls: The client is responsible for phone usage on their account. It is prohibited to use the service or product in a way that violates Simplicom's policies and procedures. It is also prohibited to obtain or use the service improperly. If, at any time, you find that your service is being used fraudulently or without authorization, you must notify us immediately via written email to our customer service department. At that time, you must provide your account number and a detailed description of the circumstances of the fraudulent or unauthorized use of the service. Failure to do so promptly may result in service disconnection and additional charges. If you wish to terminate your service, the obligations of this contract will still apply and remain valid. Simplicom reserves all legal and equitable rights against anyone who uses the services in an illegal or improper manner.
Confidentiality: Simplicom will never give or sell your information to a third party. Our full privacy policy can be found at https://www.simplicom.ca/en/legal.
Internet Availability: The client understands that internet service is not available in all regions. This agreement does not guarantee service availability. If the service is unavailable, the client will be credited for any internet-related fees within the agreement.
Billing: Upon service activation, you must provide a valid email address and a credit card number or bank account number from an accepted card issuer. We reserve the right to discontinue accepting credit and/or debit cards from one or more issuers. You must notify us immediately in case of credit or debit card expiration, account closure, billing address changes, cancellation, or replacement of your card due to loss or theft. We will bill all fees, applicable taxes, and additional charges monthly in advance through your credit card, including, but not limited to, administration fees, monthly service charges, international usage fees, reactivation fees, plan modification fees, declined credit and debit payment fees, charges for enhanced features/options, and taxes.
Termination of Monthly Service: You may terminate your agreement by sending an email to info@simplicom.ca. You will receive a termination notice by email. Termination will take effect on the next monthly renewal date.
VoIP 9-1-1 service has certain limitations relative to Enhanced 9-1-1 service that is available on most traditional telephone service.
Because you can move your VoIP phone between locations and for technical reasons, the emergency operator may not have your name, location or contact information available, you must immediately inform the emergency operator of your location (your current address) and contact information (Your current phone number) any time you call 9-1-1. Do not risk sending police or ambulance services to the wrong location.
VoIP phone service depends not only on Internet connectivity and power to function. In the event of power, network, or Internet outages (including congestion), you may experience a failure, disruption or delay in your 9-1-1 service. We recommend that you keep an alternative phone service (such as a landline or cellular telephone) handy to increase the reliability of your access to emergency services during any service interruption.
When dialing 9-1-1 be prepared to confirm your location and call-back number with the operator who answers the 9-1-1 call, do not disconnect your 9-1-1 call until you are told to do so by an emergency dispatcher. If you are inadvertently disconnected, call back immediately.The operator will not be able to route your call to the appropriate Emergency Response center if calling from outside Canada or a Canadian area not covered by the 9-1-1 service.
Our 911 services includes a web portal which customers should use to input and update as needed the most likely address and location information for telephone numbers provided, the web portal address is: www.portail.simplicom.ca. You must notify any potential users of your VoIP phone service of the nature and limitations of 9-1-1 emergency calls.
Due to the nature of the IP services, correlation between a telephone number and an end-user’s address and location is not always possible. The customer is solely responsible for providing the correct address and location information via the web portal (www.portail.simplicom.ca.) which may be used by the Emergency Response Centre. If the customer does not provide the correct address and location information, emergency services may be dispatched to the wrong address. In such cases, the Company and its suppliers are not liable for any and all claims or actions arising out of any such misrouted 9-1-1 calls.
Our terms of service limit and disclaim liability related to VoIP 911 service, so please read them carefully.
For a complete description of our VoIP 911, please see our terms of service at: https://www.simplicom.ca/en/legal
