The following are the terms and conditions (these “Terms”) that apply to your use of the wireless services provided by Cityfone, operated by Rogers Communications Canada Inc. or any of its subsidiaries or affiliates (referred to hereafter collectively as “Cityfone”), to your use of any device or equipment and to your assigned telephone number(s) (“Numbers”) (individually and collectively, the “Services”), including but not limited to the device, device accessories and SIM cards (collectively, the “Equipment”). Any current Cityfone document describing the plans, features, services or products you have selected, and any other materials incorporated by reference (collectively, the “Materials”) together with these Terms constitute the agreement (“Service Agreement”) between you, the subscriber (hereinafter referred to as “you”, “your” and/or the “subscriber”), and Cityfone. If there is any inconsistency between the Materials and these Terms, these Terms will prevail.
The Services may have been offered to you under a program using the branding of an entity unrelated to Cityfone (the “Brand Entity”). For greater certainty, (i) the Services and the Equipment are provided to you by Cityfone and not by the Brand Entity, and (ii) this Service Agreement is only between you and Cityfone; the Brand Entity is not a party to this Service Agreement and assumes no liability for the provision of the Services.
By using the Equipment, you acknowledge your acceptance of these Terms and you agree to be bound by the Service Agreement. If you do not agree with these Terms, do not use the Services or the Equipment and notify us immediately to cancel service.
Your Term starts on the Start Date of Agreement specified in the Materials. At the end of your Term (i.e., the Term End Date), your plan will automatically default to a month‐to-month term on these same Terms until the Services are terminated by you or by Cityfone, subject to the provisions contained herein. If you upgrade your device, you may be required to renew your Term and/or enter into a new Service Agreement with us for a new Term.
Cityfone shall have the right to perform subscriber credit verification on every new account or as Cityfone deems necessary, acting reasonably, and you hereby consent thereto. Certain restrictions may apply to credit limits, price plan eligibility and other calling features extended to you, based on your credit verification results. We may require you to provide us with a security deposit or impose other payment or credit requirements (e.g., interim payments; mandatory pre-payments; pre-approved card or bank payments) at any time and on such terms as determined in our sole discretion. Any security deposit you provide to us will be kept for a minimum of 6 months, unless your Services are terminated sooner. After 6 months, we may release and apply the security deposit against your account balance if we, in our sole discretion, determine that your payment history has been satisfactory or that you have otherwise met our financial criteria for the return of the security deposit. You will earn interest on any security deposit held by us, using the Bank of Canada’s overnight rate in effect at the time, plus one percent, on the basis of the actual number of days in a year, accruing on a monthly basis. Interest is earned starting from the date we collect a security deposit from you (but no earlier than required under applicable legislation or regulation) until the date we return it to you. We may apply your security deposit toward your account if any balance remains unpaid after the required payment date and we may require you to replenish the security deposit after such use. We will notify you upon applying all or part of any security deposit. We will return to you any security deposit with applicable interest within 30 days of termination of your Services or once we have determined that the conditions for returning the security deposit have been met.
Charges will commence on the date of the initial activation of the Services or the Equipment, whichever is earlier. You are responsible for all charges related to the Services, including but not limited to all charges for airtime, long distance, roaming, data usage, pay-per-use charges, the monthly service fee (if applicable), and any charges relating to the administration, activation, or suspension of the Services. A list of administrative charges is available on request, or at www.cityfone.net/charges, and is incorporated into these Terms by reference. We may bill you up to one (1) year from the date the charge was incurred. You are also responsible for all charges related to the purchase of the Equipment. Charges will be deemed to be correct if not disputed by you within thirty (30) days of the invoice date.
The Services are categorized as follows:
We may change any aspect of a Month-to-Month Service and the corresponding Agreement, as long as we give you at least 30 days’ prior written notice. We may also change aspects of a Term Service and the corresponding Agreement, other than a key term as defined in the Canadian Radio-television and Telecommunications Commission’s (CRTC) Wireless Code, upon at least 30 days’ prior written notice to you. In either case, we will send you the written notice by bill message, text message, letter or e-mail and will explain the change and when it will take effect.
Pay-per-use Services are subject to availability, and the pricing and nature of any pay-per-use Service may be changed by Cityfone at any time without prior notice to you. For more information on rates for optional and pay-per-use Services, please visit www.cityfone.net.
We will apply a discount, promotion or benefit to your account as long as you remain eligible for it. We may check your eligibility from time to time, and if you become ineligible to receive that discount, promotion or benefit for any reason, we may remove it, and/or transfer your Service to a comparable Service plan.
Any applicable sales, use, excise, public utility, provincial, federal or regulatory charges or surcharges or other taxes, or like fees or charges imposed on Cityfone or a visited carrier as a result of providing the Services or Equipment will be added to your bill. If you are exempt from payment of any such taxes, you must submit to Cityfone at Box 19372 Metrotown PO, Burnaby, BC, V5H 4J8 an original tax exempt document however, such submittal shall not entitle you to a credit for any taxes previously paid.
Any balance unpaid after the required payment date will be subject to a late payment charge of 2% per month, calculated and compounded monthly (26.82% per year) from the date of the first invoice on which the unpaid balance appears until paid in full. Overdue accounts are subject to cancellation of service. Not applicable to residents of Québec: An administration fee of $25 will be levied if your credit card is denied or if your cheque or pre‐authorized payment is returned due to non‐sufficient funds.
Service is normally available to your Equipment when it is within the operating range of our network and may be available outside of that area in participating areas. Service is subject to transmission limitation or interruption caused by weather, terrain, obstructions such as trees or buildings and other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to reasons beyond our control or because of our network’s system capacity limitations and system repairs. Interruption may also result from nonpayment of charges by you.
Please note that substantial roaming charges may be incurred if your device is taken outside the Cityfone network even if no services are intentionally used. When you travel outside Cityfone’s service area (“roam”) and into the service area operated by another carrier (“visited carrier”) and continue Services pursuant to any roaming service agreement between Cityfone and the visited carrier, you expressly acknowledge that you may experience conditions of Services different from those provided by Cityfone. You agree to pay all service charges of Cityfone and the visited carrier applicable to your roaming. Additionally, you understand that roaming Services are pay-per-use Services and that, without notice, the visited carrier may, from time to time, increase or decrease rates charged to Cityfone and/or to roamers or alter conditions or features of service or availability, and that Cityfone and the visited carrier are under no obligation to provide advance notice to you of any such changes. You will be subject to the limitation of liability provisions and other conditions of service imposed by the visited carrier on the visited carrier’s own subscribers. You agree that while you roam, you accept Services provided by the visited carrier on an “AS‐IS”, “WHERE‐IS” basis, without warranty of any kind whatsoever.
If you have access to extended coverage, it is meant for limited and occasional use and the majority of your monthly usage must occur on the Cityfone network. We may restrict or limit your access to extended coverage if the majority of your monthly usage occurs within extended coverage areas, on an ongoing basis. While using extended coverage, certain services or features are not available or have limited functionality. For details on limited services or features while using extended coverage, please visit www.cityfone.net/coverage.
You acknowledge and understand that the Services or access to the Services, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:
Neither Cityfone nor its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively, “Cityfone Parties”) are responsible or liable to you for any software, content, products or services provided to you or accessible by you through the Services, any charges incurred in connection with such software, content, products or services or anything that is or can be done with such software, content, products or services even if you are billed for such software, content, products or services. Cityfone may limit the amount of software, content products or services that you may purchase. All such software, content, products or services is accessed or transmitted solely at your own risk.
Not applicable to residents of Québec: To the maximum extent permitted by applicable law:
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 Cityfone Parties creates any term, condition, representation or warranty not expressly stated in your Service Agreement.
You are solely responsible for the following matters:
Applicable only to Residents of Québec: To the maximum extent permitted by law:
You are solely responsible for the following matters:
Not applicable to Residents of Québec: Unless otherwise specifically set out in your Service Agreement, to the maximum extent permitted by applicable law, the Cityfone Parties will not be liable to you or to any third party for:
These limits are in addition to any other limits on the Cityfone Parties’ liability set out elsewhere in your Service Agreement and apply to any act or omission of the Cityfone 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.
Applicable only to Residents of Québec: Unless otherwise specifically set out in your Service Agreement, and except for damages resulting from a Cityfone Party’s own act, the Cityfone Parties will not be liable to you or to any third party for:
You will indemnify and hold harmless the Cityfone Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the Cityfone Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.
Your account information may, from time to time, be disclosed to other members of the Rogers Communications Inc. organization and to our agents and dealers in order to service your account, respond to your questions and telemarket (including by way of automatic dialing and announcing devices) and promote additional products and services offered by members of the Rogers organization that may interest you. If you do not wish to receive offers or information from related Rogers entities, you may write to Cityfone at Box 19372 Metrotown PO, Burnaby, BC, V5H 4J8.
You agree not to use the Services or Equipment for any unlawful, unsafe, malicious or abusive purpose, or for interfering with others’ use of the Services, or in such a way as to defraud Cityfone or any third party or to create damage or risk to Cityfone’s business, network, facilities, or to third parties. From time to time, we may establish policies, rules and limits (together, the “Policies”) concerning use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. Your use of the Services is subject to these Policies, which are incorporated into these Terms by reference. Our Acceptable Use Policy is available at www.cityfone.net/terms.
Subject to any rights you may have under applicable laws and regulations, including any right to port a number to another carrier, you have no property right in the Numbers or e‐mail address, if applicable. You may be required to change the number assigned to you at any time, though we will take reasonable measures to provide you with prior notice. You may lose your assigned telephone number if you terminate the Services.
Express consent may be taken to be given by you where you provide:
This section applies only to the provision of emergency services on a mandatory basis. In respect of the provision of emergency services on a mandatory basis, Cityfone is not liable for:
Except in cases where negligence on Cityfone’s part results in physical injury, death or damage to your property or premises, Cityfone’s liability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount (if any) you would otherwise be entitled to receive as a refund for the provision of defective Services. However, Cityfone’s liability is not limited by this section in cases of deliberate fault, gross negligence or anti‐competitive conduct on Cityfone’s part or in cases of breach of contract where the breach results from Cityfone’s gross negligence.
You may terminate your Services and your corresponding Service Agreement at any time by sending us a written, dated notice, with such termination effective upon the date we receive notice of the cancellation. You can notify a Cityfone Customer Care representative either by telephone at 1.888.322.2160 or in writing to Cityfone at Box 19372 Metrotown PO, Burnaby, BC, V5H 4J8. If the Services are terminated by you, you will remain liable for all accrued fees and charges incurred up to the point of deactivation together with any applicable early cancellation fee. You will not be refunded for any unused airtime or data units. The transfer of your telephone number to another telecommunications service provider constitutes a termination of your Services, and an early cancellation fee (as set out in the Materials) may apply.
Cityfone may terminate your Services upon no less than 60 days’ advance notice to you, unless you are in default of your obligations under this Service Agreement, as described in this section. To the extent permitted by law, Cityfone may suspend or terminate your Services immediately, without notice and without liability to Cityfone, if you misuse or abuse the Services, or if you breach any other terms of this Service Agreement, including, but not limited to, non‐payment of charges due to Cityfone or if Cityfone has invalid subscriber registration information. Your Services may also be suspended or terminated immediately, without notice and without liability to Cityfone, in order for Cityfone to preserve the line integrity of the network, or comply with any law and/or tariff. If the Services are terminated by Cityfone, you will remain liable for all accrued fees and charges incurred up to the point of deactivation together with any applicable early cancellation fee. .
Applicable only to residents of Québec: If you have subscribed to a Term, then we may terminate your Services during such Term only if you are in default of your obligations hereunder, pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Québec.
Applicable only to residents of Newfoundland: If you have subscribed to a Term, then we may terminate your Services during such Term only if you are in default of your obligations under your Service Agreement or we no longer have the technical ability to provide the Services. If your account has a credit balance over $10 on your final invoice, then we will refund that balance to you within 60 days of the date of that invoice. Discretionary credits will not be refunded.
Please see the materials accompanying your device for warranty information and details, including coverage, duration and how you can make a claim under any applicable warranty.
Cityfone may assign or transfer this Service Agreement in whole or in part or any of our rights or obligations hereunder without your consent. Upon assignment, Cityfone shall be released from all responsibility and liability hereunder. You may not assign this Service Agreement without the express written consent of Cityfone. Subject to the restrictions on assignment herein contained, this Service Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.
If any term, provision or condition of this Service Agreement shall be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining terms, provisions and conditions shall be and remain in full force and this Service Agreement shall be construed as if such invalid, illegal or unenforceable term, provision or condition had never been contained herein.
If Cityfone fails to enforce any of the provisions of this Service Agreement or any rights provided in the Service Agreement, Cityfone will not be considered to have waived those provisions or rights nor shall such failure to enforce such provisions or rights in any way affect the validity of this Service Agreement. The failure of Cityfone to exercise any of these provisions or rights will not preclude or prejudice Cityfone from later enforcing or exercising the same or any other provision or right which it may have under this Service Agreement.
This Service Agreement is governed exclusively by the laws of the province in which your billing address is located and you submit to the exclusive jurisdiction of the courts of such province, but if your billing address is located outside of Canada, this Service Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. Please note that your rights may vary by province.
Terms and conditions in this Service Agreement, which by their sense and context are intended to survive termination, shall survive.
You acknowledge that there are no other terms and conditions of this Service Agreement, except as expressly contained or expressly incorporated by reference herein.
All written notices given by you, shall be made to Cityfone at:
Box 19372 Metrotown PO
Burnaby, BC, V5H 4J8
Attention: Customer Care Department
In addition to your Service Agreement, your use of the Services is governed by the following related documents, current copies of which can be accessed at www.cityfone.net/terms:
For information on tools to help you manage your bill, including notifications on data usage and roaming, data caps and usage monitoring tools, please register for and log into My Account, available through your wireless program website, to view details on your actual usage.
For information on our service coverage area, including our complete service coverage maps, please visit www.cityfone.net/coverage.
For information on the Canadian Radio-television and Telecommunications Commission (CRTC)’s Wireless Code, please visit the CRTC website at crtc.gc.ca/wirelesscode.