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Use of Service

  1. The Hosted PBX Services may be used only in accordance with TNW’s General Terms and Conditions and the Internet Services Acceptable Use Policy.
  2. 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.
  3. TNW 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.
  4. TNW 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”.

TNW’s Obligations

  1. TNW will provide and maintain the Hosted PBX Services to you subject to availability of facilities on commercially reasonable terms.
  2. In the event TNW 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 TNW may at its option, upon thirty (30) days prior written notice to you:
    1. terminate the affected TNW Services or this Agreement as a whole;
    2. propose to you revised pricing for the Hosted PBX Services taking into consideration the increased price of such facilities and services to TNW.
  3. If TNW elects to re-price the Service as set forth above, you must communicate your acceptance or refusal within thirty (30) business days of receiving the revised pricing notice. If you do not accept the revised pricing, you will be able to terminate the Service without the requirement to pay termination liability charges. You are still obligated to return the phones and equipment to TNW in good working order.

Equipment Maintenance

  1. TNW provides phones and network equipment for your exclusive use of the Services (the “Equipment”).  The Equipment at all times remains the property of TNW. You shall not sell, lease, transfer or assign the Equipment provided by TNW. 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.
  2. You are responsible for the safekeeping of the Equipment. If in your care, the Equipment is damaged, lost or stolen, you agree to pay TNW the full cost to recover, repair or replace the Equipment, as determined by TNW in its sole discretion.
  3. On the cancellation or termination of the Services (whether by the Customer or TNW), you are required to return the Equipment to TNW in good working order excepting reasonable wear and tear. If the Equipment is not returned to TNW, you will be responsible for the full replacement value of the equipment.

If You are Moving

  1. You must advise TNW at least forty-five (45) calendar days prior to the date of your move.
  2. If you move to a location outside of the TNW service area, all Equipment must be returned to TNW 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.
  3. If you move to another location within the TNW 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 TNW service area).

Term & Termination of the Service

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 TNW or the Customer gives, at least one month prior to the expiration of any such renewal period, written notice to the other that TNW or the Customer as the case may be, does not want the Term of a Schedule to renew for another one year period.

Notice of 911 Limitations

BY SUBSCRIBING TO TNW HOSTED PBX SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS REGARDING 911 SERVICE USING THE TNW HOSTED PBX SERVICES.

  1. The following list of 911 user tips is critical information that needs to be understood by all users of the TNW Hosted PBX Services.
    1. 911 service with Hosted PBX has certain limitations as compared with traditional E911;
    2. When you dial 911 using the TNW 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;
    3. When calling for emergency help, you must be prepared to confirm your location and call-back number with the operator;
    4. Your TNW Hosted PBX Services (including the ability to dial 911) will be unavailable during a power failure or broadband Internet outage;
  2. 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 TNW’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 TNW 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 TNW database. To facilitate address updates, TNW 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 TNW service is suspended or terminated for any reason.
    • You should be aware that 911 emergency calls that are made using the TNW 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 TNW 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.
  3. Measures that should be taken by a 911 caller as a result of such differences:
    1. Alternative 911 arrangements You acknowledge that TNW Hosted PBX Service does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.
    2. 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 TNW and stickers will be provided free of charge.