TERMS AND CONDITIONS OF SERVICE

GENERAL

1. What are the Terms and Conditions of Service?

These terms and conditions of service (“Service Terms”) govern your use of any Services, as defined below. 

Throughout this document:

  • Agreement” has the meaning set out in Section 2;
  • Affiliate” has the meaning set out in the Canada Business Corporations Act, R.S.C., 1985, c. C-44;
  • Altima” means Altima Solutions Limited and its Affiliates;
  • Altima Parties” means Altima, its partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives);
  • CCTS” has the meaning in Section 41;
  • CRTC” has the meaning in Section 41;
  • Cancellation Charges” are defined in Section 37;
  • Customer Accessed Content” has the meaning in Section 23;
  • Customer Provided Content” has the meaning in Section 24;
  • E9-1-1” means enhanced 9-1-1 service which may provide emergency services personnel with your location information and phone number; 
  • Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services;
  • Fees” has the meaning in Section 7;
  • Fixed Term” means a minimum contract period for a particular Service;
  • I”, “me”, “you”, “your” and “yours” refer to you but also to persons that you authorize to use the Service or act as your agent with regard to the Service;
  • Identifiers” means e-mail addresses, phone numbers, account numbers, personal identification numbers (“PINs”), Internet Protocol addresses, personal web page addresses, access codes and any other identifier assigned to you by Altima;
  • Late Payment Charges” has the meaning in Section 9;
  • My Account Portal” is a customer portal on the Website that allows you to access features and information relating to your Services and your account with Altima;
  • NSF” has the meaning in Section 9; 
  • Policies” are defined in Section 12 of the Service Terms;
  • Residents of Newfoundland” means residents of Newfoundland and Labrador who enter into an Agreement to which the Consumer Protection and Business Practices Act (Newfoundland and Labrador) applies;
  • Residents of Québec” means residents of Québec who enter into an Agreement to which the Consumer Protection Act (Québec) applies;
  • Service Agreement” means an agreement setting out the terms for specific Services. Service Agreements are available on the Website at the following URL: https://www.altimatel.com/); 
  • Services” mean any services that you subscribe to or receive through Altima, including but not limited to Internet, Internet Protocol Television (“IPTV”), Voice over Internet Protocol (“VoIP”) and mobile wireless services. All Equipment and Software (as defined in this section) are considered elements of the Services;
  • “Service Terms” means this Service Terms document;
  • Software” means any software used to access the Services or used in conjunction with the Services; 
  • Term” has the meaning in Section 4; 
  • Software Documents” has the meaning in Section 22;
  • us”, “we”, “our” or “ourselves” means Altima; and
  • Website” means all content on the https://www.altimatel.com domain.

2. What is included as part of my Agreement for Services with Altima? 

The “Agreement” includes the Service Terms, Service Agreements [made available on the Website at the following URL: https://www.altimatel.com/service-terms] for Services to which you subscribe, any Altima document describing features, products or services and any other document incorporated by reference together with these Service Terms. In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to any Service Agreement(s), then to the Service Terms, then to any other Altima documentation describing features, products or services, and lastly to any other documents incorporated by reference.

3. How do I accept the Agreement? 

You acknowledge that you have read, understood and agreed to the Agreement by either: (i) placing an order for Services by any means including online or over the phone; or (ii) using the Services. 

If you do not agree to the Service Terms or the applicable Service Agreement(s), you may not use the Services. 

4. How long does the Agreement last?

The “Term” of your Agreement with Altima begins when you accept the Agreement and will continue until the Agreement is terminated. Altima provides Services to you on an ongoing month-to-month basis unless a Fixed Term is set by a Service Agreement. If a Fixed Term expires, Services will continue to be provided to you on a month-to-month basis, unless you cancel the applicable Service in accordance with Section 33.

5. Can Altima change the Agreement? 

Not applicable to Residents of Newfoundland or Residents of Québec:

Unless otherwise specified in the Agreement, Altima can change the Agreement and any aspect of the Services, including Services that are subject to a Fixed Term. Before we make any changes to the Agreement, we will give you at least thirty (30) days’ written notice by email, letter, bill insert or by posting the notice on our Website. 

If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service term will become effective.

Applicable only to Residents of Newfoundland or Residents of Québec: 

Unless otherwise specified in the Agreement, Altima can change: (a) any aspect of a Service Agreement for month-to-month Services; and (b) any aspect of a Service Agreement for Fixed Term Services with the exception of price, Term, the nature of the Services or any other essential element of the Service Agreement. Before we make any changes to the Agreement, we will give you at least thirty (30) days’ written notice by email, letter, bill insert or by posting the notice on our Website. This notice will clearly identify the new or amended term or provision, the former term as it read before (if applicable), the date the amendment will come into force and your rights. If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service term will become effective. 

6. What if I do not agree with a change that Altima makes to the Agreement? 

If you do not agree with a change made by Altima, you may cancel the affected Services in accordance with Section 33. There are no Cancellation Charges if you decide to cancel because of a change that we make to the Agreement. 

ACCOUNT, BILLING AND PAYMENT

7. How does Altima bill me for the Services?

Altima will invoice you monthly for recurring and one-time charges (collectively, “Fees”). All Fees and applicable taxes are invoiced and due by the date indicated in your invoice. In advance of the invoice date, you can log-on to the My Account Portal on the Website and access a statement of the Fees that will be due for the following month. Newly added Services or changes to your Services may result in pro-rated charges for a partial monthly billing cycle. Service Agreements may also modify the billing terms for certain Services.

8. How can I pay my bill? 

You can pay your bill by credit card. If you subscribed to Services prior to January 1, 2022 and used an alternate method of payment (e.g. online banking or preauthorized payment) we will continue to accept those methods of payment on a ‘grandfathered’ basis for as long as your subscription is continued and uninterrupted. Altima provides a list of specific approved payment options (e.g. accepted credit cards) upon request. You confirm that you are an authorized user of the credit card or bank account (for payment methods accepted prior to January 1, 2022 and continued on a grandfathered basis) and that it is valid and has not expired or closed. If you are using a method of payment that is subject to processing delays, you must ensure that Altima receives payments on the first day of each month, when payment is due. You must promptly advise Altima if your credit card or bank account information changes by contacting us at the coordinates set out in Section 47 of these Service Terms. 

9. What charges apply to late payments, rejected payments and other account processing actions? 

If Altima does not receive payment when due, you will be subject to a late payment charge of 3% per month. This late payment charge accrues on a daily basis and is calculated and compounded monthly on the outstanding amount (42.58 % per year) (“Late Payment Charges”) from the date of the first bill on which it appears until the date we receive that amount in full. You agree that we can charge any unpaid and outstanding amount, including any Late Payment Charges and taxes, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of Fees.

Not applicable to Residents of Québec: Administrative charges in the amount of $50.00 may be levied for administration or account processing activities in connection with your account, including as a result of:

  • a change of any Identifier.
  • collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments; 
  • returned or rejected payments due to non-sufficient funds (“NSF”) or any other reason; and/or
  • the restoral of Service

Applicable only to Residents of Québec: Administrative charges in the amount of $50.00 may be levied for administration or account processing activities in connection with your account, including as a result of a change of any Identifier. We will not levy administrative charges due to NSF. 

10. Do I need to pay any deposits for use of Services?

Yes. In some cases, Altima may request payment of a deposit for Services. For example, Altima may require that you pay a specified deposit for certain leased Equipment. 

Altima may request a deposit at any time and on such terms that we shall determine in our sole discretion. Deposits held by Altima shall bear interest at the rate determined by applicable legislation or regulation, as determined from time to time, from the date we collect a security deposit (but no earlier than required under applicable legislation or regulation), until the date we return it to you. If we use all or part of the deposit to collect amounts not paid when due, we will provide you written notice. If your Service is cancelled, deposits held by Altima and accrued interest on those deposits shall be setoff against the outstanding final balance on your account within 30 days of cancellation of your Services. 

11. What if I dispute Fees on my invoice? 

If you have any questions, disputes or discrepancies to report regarding Fees, you must do so within thirty (30) days of the invoice date. Failure to notify us within this time period will constitute your acceptance of such Fees. We will investigate disputes and if, in our sole discretion, we determine that a portion of the Fees was incorrectly charged, then we will reverse the disputed portion of the Fees. You must pay the undisputed portion of the Fees in accordance with Section 8.

YOUR RESPONSIBILITIES

12. Does Altima have any policies that apply to the Services?

Yes. From time to time, Altima may establish policies, rules and limits (collectively “Policies”) concerning the use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. The Policies are incorporated into these Service Terms by reference, and will be available on the Website.

13. Are there any limits to my use of the Services?

Yes. You agree to comply with and use the Services for your own personal, family or household use, in accordance with the Agreement and all applicable laws. You also agree not to: 

  1. Resell the Services, receive any charge or benefit for the use of the Services; and
  2. Transfer your Services without our express consent.

You must also follow any Policies setting out acceptable use guidelines for the Services and Equipment. 

14. How can I be sure that Altima has accurate contact information for my account? 

You are responsible for keeping the contact and payment information you provide to Altima (including name, mailing address, email address, address where the Services will be provided to you), phone number, and any authorized users) up to date. If this Agreement is cancelled, you will provide Altima with forwarding information for final invoices or correspondence if your new contact information is different from the information we have on file. 

15. What am I responsible for if my Altima account is compromised? 

You must notify Altima immediately using the contact coordinates provided in Section 47 should you suspect unauthorized use of the Services or if Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.

ALTIMA SERVICES

16. Are there any warranties on the Services?

Not applicable to residents of Québec: 

To the maximum extent permitted by law, Altima Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties. 

You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Services.

Altima Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the Altima Parties creates any term, condition, representation or warranty not expressly stated in the Agreement.

Applicable only to Residents of Québec: 

To the maximum extent permitted by law, Altima Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services (except as such warranties relate to Equipment, in accordance with statutory warranties) or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Services.

Altima Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

17. Does this mean that there may be circumstances when the Services are not available? 

Unfortunately, yes. Performance and availability of the Service depend on several factors, including access to third-party providers and suppliers that Altima does not fully control. 

ALTIMA EQUIPMENT AND SOFTWARE

18. Are there any limitations with respect to use of Equipment?

Yes. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that: 

  • You will take reasonable care of the Equipment;
  • You may not sell, lease, mortgage, transfer, access, assign or encumber the Equipment;
  • You may not relocate the Equipment without our knowledge and permission; 
  • If Equipment is lost, stolen, damaged, sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of Equipment, together with any costs incurred by us in seeking possession of such Equipment; and
  • Upon termination of your Services, you will return Equipment, accessories (e.g., cables) and ancillary equipment (e.g, adapters) by mail, with adequate protective packaging (e.g., bubble wrap), to the address listed in Section 47 of the Service Terms.

19. What happens if there are problems with Equipment?

For Equipment that you purchased from us, Altima will repair defects or replace defective Equipment at no cost within a one-year period after purchase. For Equipment that you rent from us, Altima will repair or replace defective Equipment at no cost while the Equipment is rented. These Equipment warranties do not apply: (a) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred, in Altima’s sole discretion, due to a defect in materials or workmanship; (b) to damage caused by use with a third party component or product; (c) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake, lightning, power surge, or other external cause; (d) to Equipment that has been modified to alter functionality or capability; (e) to defects caused by normal wear and tear or otherwise due to the normal aging; and (f) to Equipment that has been stolen. 

Altima shall inspect all Equipment submitted for repair or replacement (whether purchased or rented) and shall determine, in its sole discretion, whether the Equipment is defective. In order to qualify for no cost repair or replacement of defective Equipment, you must provide the following to Altima by mail at the address identified in Section 47: 

  • The original receipt if Equipment was purchased;
  • The Equipment in its original packaging including all protective packaging (e.g. bubble wrap) and materials provided by the manufacturer; and
  • All accessories and ancillary equipment provided by the manufacturer (e.g. power adapter, remote controls and wires). 

Altima reserves the right to charge you for any Equipment or packaging that is not returned when you request an exchange or repair. Altima will specify the amount of any such charges upon request. Applicable charges may change from time to time. 

Except for shipping costs associated with repairs or exchanges of Equipment that Altima has confirmed to be defective, you are responsible for all costs related to shipping of Equipment. 

For additional details about the process and timelines for Equipment exchanges or repairs, please contact Altima at the coordinates set out in Section 47. 

20. Do I need to grant Altima access to Equipment? 

Yes. You agree to authorize us, our representatives and our suppliers to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade, disconnect or improve the operation of our services, the Equipment or our facilities or networks. 

21. Will the Service ever require changes of Equipment?

Yes. The Equipment, Equipment specifications and the location of Equipment require changes, at our sole discretion, from time to time. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.

22. Are there any limitations to the use of Software 

Yes. Software, including all related documentation accompanying the Software (“Software Documents”), is for your own non-commercial personal, family or household use and may not be distributed, transferred or sold. All Software and Software Documents remain our property or that of our licensors or content providers, as applicable. You agree to take reasonable steps to protect Software and Software Documents from theft, loss or damage. You must review and agree to any applicable end user licence agreement of Altima, our licensors or content providers. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will terminate upon termination of the applicable Service Agreement.

PROPRIETARY RIGHTS

23. Is the content that I access through the Services subject to any intellectual property rights? 

Yes. You acknowledge that content including, but not limited to text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet (collectively, the “Customer Accessed Content”) is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

Your license to use Customer Accessed Content, unless otherwise permitted by applicable laws or by a valid licence to use such content for other purposes, is limited to your own personal, lawful, non-commercial use.

You further acknowledge that, except where expressly stated otherwise, all Equipment, Software, content, documentation, processes, designs, technologies, materials and all other things comprising the Services are owned by Altima, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

24. Do I have any rights to the content that I provide in connection with the Services? 

Yes. Altima does not claim ownership of information, materials, software or other content (collectively, the “Customer Provided Content”) that you post, upload, input, provide, submit or otherwise transmit to Altima or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Customer Provided Content to Altima or any third party, using the Services, you have thereby granted Altima a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by Altima to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.

25. Who owns Identifiers used in connection with the Services?

Except where otherwise specified by Altima, Identifiers remain the property of Altima at all times.

PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION

26. How does Altima protect my personal information? 

Altima protects your personal information in a manner consistent with its Policies and applicable laws.

27. Does Altima perform credit checks or report credit history? 

Yes, by entering into the Agreement you agree that Altima Parties may perform credit checks on you and obtain information about your credit history from a credit reporting agency or credit grantor to activate Services you ordered, or to assist in collection efforts. Altima Parties may also disclose your Altima credit history to credit reporting agencies, credit grantors and/or collections agencies.

28. Will Altima send me commercial electronic messages? 

Yes. By entering into the Agreement, you are providing your consent to receive commercial electronic messages from Altima. However, at any time, you may unsubscribe from commercial electronic messages by using the unsubscribe mechanism contained in such messages. 

SERVICES, VoIP AND RELATED LIMITATION OF LIABILITY

29. Is 9-1-1 service always available over VoIP? 

No. There are some important differences and limitations in how 9-1-1 calling over VoIP technology operates when compared to basic and E9-1-1 services provided over traditional landline telephone service. Please review this section carefully before activating, installing or using Altima VoIP services.

With both traditional basic 9-1-1 and E9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E9-1-1 service, your call back number and last address are visible to the emergency response centre call-taker. With Altima VoIP service 9-1-1 calling, your call is sent to a national emergency call centre. When you make a 9-1-1 call using Altima VoIP services, you will be asked to confirm your location information regardless of whether that information is visible to the call centre operator. The call centre operator will then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless you are told to do so. If your call is disconnected, immediately dial 9-1-1 again.

If you are unable to speak during a 9-1-1 call and the call centre operator has access to a call-back number and the last registered address associated with your Altima VoIP service, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to Altima is always the same as the physical address at which your VoIP device is located. Whenever you move the physical location of your VoIP device or you add a line or port a number, you must update your registered address accordingly. You may update your location information by logging-in to My Account Portal or contacting the Altima by phone or email at the coordinates listed in Section 47.

You acknowledge and understand that the Altima VoIP service or access to the Altima VoIP service, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances: 

  • If your Equipment fails, is not configured correctly or does not meet Altima’s requirements;
  • In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
  • In the event of a network outage or power failure; 
  • If you or somebody else tampers with or, in some cases, move the Equipment; or 
  • Following suspension or termination of your Altima Services or Account. 

There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 calls made utilizing Altima VoIP service as compared to traditional 9-1-1 calls dialled over traditional public telephone networks.

Altima does not currently offer Operator Service and so emergency services cannot be accessed through an operator by dialing “0”.

You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize Altima VoIP service, of the important differences and limitations of VoIP 9-1-1 calling as compared with traditional E-9-1-1 service, as set out above.

Altima does not have any control over whether, or the manner in which, calls using Altima VoIP Service 9-1-1 calling service are answered or addressed by any local emergency response centre. Altima disclaims all responsibility for the conduct of local emergency response centres and the national emergency calling centre. Altima relies on third parties to assist it in routing 9-1-1 calls to local emergency response centres and to a national emergency calling centre. Altima disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.

30. How do Altima Parties limit their liability for VoIP 9-1-1 services?

Altima Parties limit their liability for VoIP 9-1-1 services as follows:

You acknowledge and agree that, to the maximum extent allowed by law, Altima Parties will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from your Altima VoIP Service and you agree to indemnify and hold harmless the Altima Parties for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your Altima VoIP Service may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.

LIABILITY AND INDEMNIFICATION

31. How do Altima Parties limit their liability?

You agree that, unless otherwise specifically set out in a Service Agreement, to the maximum extent permitted by applicable law, Altima Parties’ liability for negligence, breach of contract, tort, or other causes of action, including fundamental breach, is limited to a maximum amount equal to the greater of twenty ($20) or an amount equal to the Fees payable during any service outage.

Other than the foregoing payment and to the maximum extent permitted by applicable law, and except towards Residents of Québec for damages resulting from a Altima Parties’ own act, Altima Parties are not responsible to anyone for: 

Not applicable to Residents of Québec:

  1. any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly to Services or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
  2. The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of Services;
  3. Any error, inclusion or omission with respect Services;
  4. The denial, restriction, blocking, disruption or inaccessibility of any Services, public alerts or special needs services, Equipment or Identifiers;
  5. Any lost, stolen, damaged or expired Equipment, Identifiers, passwords, codes, benefits, discounts, rebates or credits;
  6. Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
  7. Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the service or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

Applicable only to Residents of Québec

  1. Any damages (including loss of profit or revenue; financial loss; loss of business opportunities; loss, destruction or alteration of data, files or software; breach of privacy or security; or property damage) relating to Services; 
  2. The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of Services;
  3. Any error, inclusion or omission with respect Services;
  4. The denial, restriction, blocking, disruption or inaccessibility of any Services, public alerts or special needs services, Equipment or Identifiers;
  5. Any lost, stolen, damaged or expired Equipment, Identifiers, passwords, codes, benefits, discounts, rebates or credits;
  6. Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
  7. Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the service or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

Not applicable to Residents of Québec:

These limits are in addition to any other limits on Altima Parties’ liability set out elsewhere in the Agreement and apply to any act or omission of the Altima Parties, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.

32. Must I indemnify Altima Parties with regards to the Agreement? 

Yes. You agree to indemnify and hold harmless Altima Parties from all demands, claims, proceedings, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by or made against Altima Parties, which result from or relate to the Services, your use of the Services or other matters related to this Agreement. 

CANCELLING AND SUSPENDING ALTIMA SERVICES

33. When and how can I cancel Services?

You may cancel any or all of your Services and any corresponding Service Agreement at any time by contacting Altima at the points of contact specified in these Service Terms. 

34. Can Services be transferred to another provider?

Some Services and Identifiers may be transferred to another provider. Upon transfer-out of one or more Services and Identifiers to another provider, the applicable Service Agreements will be automatically cancelled. 

35. When can Altima cancel my Services, with notice?

Not applicable to Residents of Newfoundland or Residents of Québec:

Altima may cancel any or all of your month-to-month Services and corresponding Service Agreements upon no less than thirty (30) days’ notice to you.

Altima may only cancel Fixed Term Services if (1) we no longer have the technical ability to provide those Services; or (2) in accordance with Section 36. 

Applicable only to Residents of Québec: 

Altima may cancel any or all of your month-to-month Services and corresponding Service Agreements upon no less than sixty (60) days’ notice to you at your billing address.

Altima may only cancel Fixed Term Services if: (1) we no longer have the technical ability to provide those Services; or (2) in accordance with Section 36. 

Applicable only to Residents of Newfoundland:

Altima may cancel any or all of your month-to-month Services and corresponding Service Agreements upon no less than sixty (60) days’ notice to you at your billing address. 

Altima may only cancel Fixed Term Services if: (1) we no longer have the technical ability to provide those Services; or (2) in accordance with Section 36. 

36. When can Altima cancel or suspend my Services, without notice?

Applicable to all Altima customers:

In addition to our rights to terminate your Services pursuant to Section 35, Altima may also restrict, block, suspend, disconnect or terminate for cause any or all of your Services, including Fixed Term Services, without notice, if: 

  • You are in breach of a Service Agreement, including non-payment of your charges or non-compliance with any Policies; 
  • You exceed reasonable usage limits, as determined by us; 
  • You have given us false, misleading or outdated information;
  • We reasonably suspect or determine that any of your Services, Equipment and / or Identifiers are the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services, facilities or networks by others; 
  • You harass, threaten or abuse us or our employees or agents; 
  • You fraudulently or improperly seek to avoid payment to us; 
  • We need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks; or
  • We reasonably believe that there is an emergency or extreme circumstance that would warrant such action.

Applicable only to Residents of Québec: 

If you subscribe to a Fixed Term Service, then we may only cancel your Service without notice if you are in default of your obligations under the Agreement, pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Québec.

37. What amounts must I pay if my Service(s) are cancelled?

If you or Altima cancels one or more of your Services you must pay all outstanding fees (including any installation fees for Services that have been installed but not activated), taxes, and Late Payment Charges on your final invoice for those cancelled Services. However, Altima will provide a refund for the cancelled portion of monthly service Fees that you have paid in advance for Services. This refund will be pro-rated based on the number of days left in the last monthly billing cycle after cancellation. 

If, in accordance with the Service Terms, you or Altima cancel a Service that is subject to a Fixed Term prior to the expiry of the Term, then you must pay cancellation charges (“Cancellation Charges”) specified in the Service Agreement for those Services. 

To the maximum extent permitted by law, one-time activation and installation fees are non-refundable. A re-stocking fee may apply to Equipment that you return or Equipment that has been ordered but not shipped. If Equipment that you have purchased has been shipped prior to Service cancellation, the fees for the Equipment are non-refundable. One-time activation and installation fees and restocking/Equipment fees are intended to recover costs and constitute a genuine pre-estimate of liquidated damages in the event that a Service is cancelled.

Notwithstanding the foregoing, Altima does not issue any credits or refunds for cancellations for cause by Altima, pursuant to Section 36. Services may also be subject to different cancellation and refund terms, as set out in the applicable Service Agreement(s). 

38. How can I restore my Service(s) if they have been restricted, blocked, suspended, disconnected or terminated by Altima? 

Altima may, at its sole discretion, restore your Services, with or without conditions that may include:

  1. Full repayment of outstanding amounts owing to Altima;
  2. Compensation for costs incurred by Altima in connection with your breach of the Service Terms, including costs incurred to enforce your compliance; or
  3. Changes to your Fees on an ongoing basis.

39. What happens to credit balances on my final bill? 

Generally, Altima customers do not have credit balances on final bills. However, if circumstances cause you to have a credit balance on your final bill, we will refund this balance within sixty (60) days of receiving a request for a credit balance refund.

ADDITIONAL TERMS

40. Do I have to meet certain criteria to enter into this Agreement?

Yes. By entering into this Agreement, you represent and warrant that you have reached the age of majority in the province or territory of Canada applicable to the Agreement and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.

41. What is the process that applies to unresolved disputes with Altima? 

The process for billing disputes is described in Section 11 of the Service Terms. More generally, if you have a dispute about Services, Software, Equipment, about this Agreement, or about what we say outside this Agreement, then we want to resolve the dispute quickly and fairly, and will work with you in good faith to do so. If you have tried to work with us but remain unsatisfied, then you have a right to escalate the dispute. Any unresolved dispute may be referred to voluntary single arbitrator arbitration. In such event, the fees for the arbitrator shall be shared equally by the parties.

If you are a consumer or small business with a monthly bill under $2500, you may escalate certain types of complaints externally with the Commission for Complaints for Telecom-Television Services (“CCTS”) (www.ccts-cprst.ca, 1-888-221-1687). CCTS is the telecommunications consumer agency designated by the Canadian Radio-television and Telecommunications Commission (“CRTC”) to resolve certain consumer and small business disputes about telecommunications and television services. CCTS accepts complaints relating to service delivery, contract disputes, billing, credit management and unauthorized transfers of service. 

42. Which Court has jurisdiction over claims related to the Agreement? 

By entering into the Agreement, except where the Canadian Radio-television and Telecommunications Commission, the CCTS or an arbitrator has jurisdiction, you consent to the exclusive jurisdiction of courts located in the province in which your billing address is located. However, if your billing address is outside of Canada, you submit to the jurisdiction of the province or territory in which the Services are delivered.

43. What laws apply to this Agreement? 

The Agreement is governed exclusively by and construed in accordance with the laws of the province or territory in which your billing address is located, but if your billing address is outside of Canada, the Agreement is governed exclusively by the laws of the province or territory in which the Services are delivered.

44. What if parts of this Agreement become unenforceable? 

If any part of this Agreement becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and Altima. Even if Altima decides not to enforce any part of this Agreement for any period of time, the term still remains valid and Altima can enforce it in the future.

45. Can this Agreement be transferred? 

Altima may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Agreement, your account(s) or the Service without Altima’ prior written consent.

46. Do any terms or obligations of this Agreement apply after the cancellation or expiry
of the Agreement?

Yes. The cancellation, transfer or expiry of a Service Agreement or the Agreement shall not release you or us from any obligation which has accrued prior to that event, including but not limited to the obligation to pay any outstanding amounts owed for Services. 

HOW TO CONTACT ALTIMA

47. How do I contact Altima?

To contact Altima for any reason, including providing notices to Altima pursuant to this Agreement, you may reach us by email at ecare@altimatel.com or by using the regional phone numbers listed on our Website. Technical support is offered between 8:00AM and 9:00PM Eastern Standard Time every day of the year. 

Altima’s mailing address for Equipment returns is:

2355 Guenette St

Saint-Laurent, QC 

H4R 2E9

ALTIMA ACCEPTABLE USE POLICY

INTRODUCTION

Altima Solutions Limited (“Altima”) is committed to being the best possible network citizen. This means playing our part to maximize the usefulness, functionality and enjoyment of the Internet. In order to fulfill these goals, we require every person who uses the Services, Equipment and / or the Website, as defined in the Altima Terms and Conditions of Service (“Service Terms”), to comply with the terms of this Acceptable Use Policy (“AUP”).

Throughout the AUP, all capitalized terms have the meaning defined in the Service Terms. For additional clarity:

  • I”, “me”, “you”, “your” and “yours” refer to you but also to persons that you authorize to use the Service or act as your agent with regard to the Service;
  • us”, “we”, “our” or “ourselves” means Altima;

If you do not agree to be bound by this AUP, as amended from time to time, you must immediately stop using the Services, Equipment and / or Website and notify Altima that you are cancelling the Services, pursuant to the Service Terms and any applicable Service Agreements.

PROHIBITED ACTIVITIES

When using the Services, Equipment and / or Website,  you are prohibited from assisting others, using, enabling, facilitating, or permitting the use of any Services, Equipment and / or Website for:

  1. uses or purposes contrary to applicable laws and regulations;
  1. any illegal or criminal purpose including but not limited to acts relating to: harassment/stalking, child pornography, obscenity, uttering threats, communicating hatred, fraud, hacking or unauthorized use of a computer and mischief relating to data;
  1. uses that give rise to civil liability or that violate the rights of Altima or any third party, including, but not limited to violations of rights relating to: copyright infringement, trademark infringement, patent infringement, misappropriation of trade secrets and defamation;
  1. invading, breaching or undermining the privacy of other Internet users;
  1. using harassing or abusive language or actions, whether verbal, written or otherwise, with: our employees, suppliers, agents, representatives and any Internet users or groups;
  1. restricting or inhibiting any other user from using or enjoying the Internet;
  1. impersonating other subscribers of ours and engaging in fraudulent activities, including but not limited to, forging anyone’s digital or manual signature;
  1. reproducing, distributing, selling, reselling or otherwise exploiting the Services or content we provide or which you obtain through the Services for any commercial purposes without our express written consent;
  1. copying, distributing, sub-licensing or otherwise making available any software or content we provide or make available to you or which you obtain through the Services, except as authorized by us;
  1. transmitting content including, without limitation, unsolicited messages (i.e. Spam) that, in our sole judgment, causes interference with, or disruption of, Altima’s network or the Internet or the use or enjoyment of the Internet by other end-users, whether intentional or unintentional;
  1. interfering or attempting to interfere with computer networking or telecommunications systems and/or service to or from any Internet user, host, server or network, including but not limited to compromising the security of, or tampering with, system resources or accounts, denial of service attacks, overloading a service, improper seizure and abuse of operator privileges (“hacking”) or attempting to “crash” a host, disrupting sessions of other Internet users or consuming excessive amounts of central processing unit time, memory or disk space;
  1. consuming excessive amounts of bandwidth in a manner that interferes with computer networking or telecommunications systems and/or service to or from any Internet user, host, server or network;
  1. accessing or attempting to access any Internet host, computer, software or data belonging to any other person without that person’s authorization, or using any tools designed to facilitate such access, such as “packet sniffers”;
  1. transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, programs or information (including, without limitations, guessing programs, cracking tools or network probing tools) designed to assist users in compromising the security of the Service, the Altima network or telecommunications services.
  1. transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, programs or information that is harmful or disruptive (including, without limitations, viruses, “cancelbots”, “trojan horses” and “worms”) even if the purpose is to test or analyze a host’s security mechanisms; 
  1. attempting to receive any Services without paying the applicable Fees;
  1. modifying or disassembling Services or Equipment;
  1. changing any Identifier issued by Altima without Altima’s consent or otherwise forging or manipulating Identifiers for a malicious or improper purpose or to disguise the origin of any content transmitted through the Services;
  1. using an Internet host’s resources in a manner that is not authorized by its administrators. This includes mail relaying, transmitting chain letters, make-money-fast or pyramid style schemes of any sort;
  1. unless you have purchased Services that are specifically designed and authorized to support such functionalities, operating a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums.

GENERAL TERMS

How does Altima respond to violations of the AUP?

In accordance with the Service Terms, Altima can restrict, block, suspend, disconnect or terminate any Services, or the Agreement for cause if the AUP is violated. Altima may also take any other measures that are necessary to address a violation of the AUP to the maximum extent permitted by law including, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts and/or filtering of Internet transmissions.

Altima will assess the circumstances giving rise to the breach before making a determination. 

Will Altima change the AUP?

We may at any time and from time to time amend this AUP by posting notice of the amended AUP to the Website. The changes shall be effective as of the date that the Policies are posted to the Website. 

What laws apply to the AUP?

The AUP is governed exclusively by and construed in accordance with the laws of the Province of Ontario and federal laws of Canada applicable therein.

Where should complaints relating to breaches of the AUP be directed?

Please direct any complaints relating to violations of this AUP by email to ecare@altimatel.com or by phone at 1(866) 810-7940.

Mobile Policy

SHORTCODE: 258462
PROGRAM NAME: Altima Telecom
FREQUENCY OF ALERTS: Based on service demand
PRICING: Msg & Data rates may apply

1. USER OPT-IN:

Users may opt-in to receive mobile alerts by texting JOIN to 258462 to opt-in.
By signing up you agree to receive notification text messages. We do not use an automatic telephone dialing system to generate, store, or deliver our text messages. Consent is not required to purchase goods or services.

2. USER OPT-OUT:

To Opt-Out (discontinue service), text “STOP” to “258462” from your mobile device. You will not receive any additional messages. You may also Opt-out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to any text message you receive or to short code “258462.

3. HELP:

To get help, text “HELP” to “258462” or email or call Altima toll free number <1(866) 810-7940>

4. USER FEES:

This is a standard-rated, non-premium service.
Msg&Data rates may apply.

5. WARRANTY:

We will not be liable for any delays in the receipt of any SMS messages connected with thisprogram. Delivery of SMS messages is subject to effective transmission from your wireless service provider or network operator.

–Updated on March 8, 2022