These are the terms you agree to as a customer of B1 Communications,
or a user of our telephone service. We’ve kept the legal language where it has to be legal, and used plain English everywhere else.
B1 Communications Inc. is a Vancouver-based business telephone provider. This agreement covers the Digital Voice (VoIP) service we supply to business customers, together with our Acceptable Use Policy, which forms part of it.
By opening an account or using the service, you agree to be bound by these terms and to use the service in line with them. How we handle personal information is covered separately in our Privacy Policy.
VoIP stands for Voice over Internet Protocol. Your calls travel over an internet connection rather than a dedicated telephone line. Under normal conditions that gives you a reliable, good-quality call path.
The internet itself is not ours to control. VoIP is a best-effort service, and we cannot guarantee the circuit will be available at every moment.
We maintain an internal target of 99.9% availability across our network and services, measured annually and across all customers. We have historically met that target and we continue to hold ourselves to it.
This is a target, not a guarantee. It is an internal performance goal, not a service level agreement, and it does not create a warranty or a contractual commitment.
The target covers the parts of the service we run. It does not extend to your internet connection, your local network or your power supply, which are covered under What we need from your side and Things outside our control.
The service depends on things you supply: a business-grade internet connection with enough bandwidth and stable latency, a local network configured so voice traffic isn’t starved by everything else, and power at your premises.
Desk phones need a wired connection. If you’re taking desk phones, each one requires access to an ethernet cable at the point where it sits. Where a wired connection isn’t possible, tell us before installation and we’ll quote a Wi-Fi capable handset instead. Wi-Fi is more exposed to interference and congestion than a wired connection, and we can’t guarantee call quality over it. The mobile and desktop apps don’t need cabling, but call quality still depends on whatever connection they’re using at the time.
We will tell you what’s required before installation and we’ll help you get there. Where your network doesn’t meet those requirements, we’re not responsible for call quality problems caused by it.
Events beyond our control can affect your ability to make and receive calls, including emergency calls. Those events include:
The service may also not be compatible with every piece of non-voice equipment on your premises. That includes, but isn’t limited to, security and alarm systems, satellite television systems, fax machines, computer modems, medical equipment and some internet routers.
By signing up for the service you waive claims against us for interference with, or disruption of, those services and that equipment.
VoIP service is also subject to different regulatory treatment than traditional telecommunications service.
Our Acceptable Use Policy governs what the telephone service can be used for, and forms part of this agreement. It sets out what isn’t permitted and what happens if the policy is breached.
VoIP E911 does not work the way traditional 911 does.
We recommend always having an alternative method to call 911 from your location: a mobile phone, a landline, or another way of reaching emergency services. Make sure your staff and visitors know what it is and where to find it.
E911 needs power and internet. The service, including E911 calling, will not function during a power outage and may not function during network congestion. VoIP equipment does not work without power; if your building loses power, you must supply it locally for the phones to work.
E911 is tied to a registered address. Use of E911 is permitted only at the local phone exchange service address registered for that line. Calls placed from anywhere else will not route directly to a 911 operator.
Basic 911 and Enhanced 911 are not the same. With Basic 911, your call reaches a central call centre, an operator asks where you are, and the call is transferred to the emergency responders for that area. With Enhanced 911, the address registered against your line is passed to the Public Safety Answering Point responsible for it, along with your name and telephone number.
Expect to be asked for your address. An E911 call from a VoIP line is often answered first by an emergency call centre operator who confirms your address before transferring you to local responders. Be ready to say where you are. This matters most if you are calling from somewhere other than the address registered against the line, because the address we hold is the one that will be presented.
Address updates take up to four days. That information comes from a database that requires up to four days to update once new information is provided. You must register a physical address with us for every line, and it should be the address where the phone will most often be used.
Tell us when you move. If you move, or move a line to a new physical address, it is your responsibility to notify us. If we don’t hold the correct address and you call 911, emergency crews will be dispatched to the last address registered.
You confirm you understand these limits. Before service starts we ask you to acknowledge in writing that you have read and understood the limitations set out above. We recommend labelling your handsets with the address they sit at, and we’ll remind you of these limitations from time to time. If staff join after installation, please make sure they are told.
Any E911 charges associated with your account, including those arising from incorrect information, account updates or E911 misuse, will appear on your monthly statement.
Telephone systems get attacked. A compromised extension or a weak voicemail PIN can be used to place a large volume of international calls in a very short time, and those charges are real. Who carries them depends on where the calls came from.
Where an outside party breaks into your phone system and places calls, you are not liable for the resulting usage charges. We absorb them. You do not need to argue the point with us or with a carrier.
What this covers. Calls placed by someone outside your business who gained access to your service without authorization — through a SIP registration attack, a brute-forced or stolen extension password, a compromised voicemail PIN, a hijacked portal login, or any comparable intrusion. We do not require you to prove how the intrusion happened.
What this does not cover. Calls placed by someone inside your business. Where an employee, contractor, or anyone else you have given access to the service places international calls they were not authorized to make, those charges remain yours. The protection above is for intrusion from outside, not for misuse of access you granted.
The practical line is who was holding the credentials. If we gave a licence to a person on your team and that person made the calls, it is unauthorized use by an employee and it is billable to you. If someone who was never given access got in, it is toll fraud and we carry it.
What we ask of you. This protection is not conditional on you doing these things, but they materially reduce the chance of an incident and help us stop one quickly:
We may suspend or limit the service without notice where we reasonably suspect fraud, to the extent needed to stop it.
Where the source of a set of calls is genuinely unclear, we will investigate with you and with our carriers before charging anything, and we will not bill you while that is open.
Where texting is enabled on your account, the following applies.
Canadian numbers only. Texting is available to Canadian mobile numbers only. Messages to United States or international numbers are not supported and will not be delivered.
Consent is your responsibility. You may only send messages to people who have consented to receive them, and you must honour opt-out requests promptly. Canada’s Anti-Spam Legislation applies to commercial messages you send, and the obligation sits with you, not with us.
Carrier rules govern content. Carriers set the restrictions on what can be sent, and the list changes. Categories that are commonly blocked include messaging relating to sex, hate, alcohol, firearms, tobacco, cannabis, illegal drugs, high-risk lending and gambling.
Carrier fees and penalties pass through. Where a carrier charges a fee or penalty in connection with your messaging, that charge is passed on to you. We are not liable for messages that are blocked, filtered or delayed, whether or not the messaging was compliant.
Our platform can record calls. Where you turn recording on or request that we enable it, you are responsible for meeting the legal requirements that apply to you, including notifying the people on the call that it is being recorded, and handling the recordings in line with your local laws and your own privacy obligations.
We record calls with our own support team for training and quality. That is covered in our Privacy Policy.
Our system includes default hold music which is royalty free. You can upload your own music, auto-attendant greetings, announcements, prompts and voicemail greetings.
Playing a commercial recording to callers on hold is considered a ‘public performance’ and generally requires a licence. Owning a copy of the track is not the same thing. It applies equally to voice recordings, announcements and greetings produced by someone else.
You are solely responsible for any permission requirements, licensing, and legal obligations around music or audio licensing. We do not review, nor are we liable for any files or audio that you upload to your phone system.
We will remove any licensed music or audio file from your system on request, whether that request comes from you, a rights holder, or a collective society acting on their behalf.
Uploading a file you do not have permission to use is a breach of our Acceptable Use Policy, and you may face further consequences at our discretion.
Our fax service is digital. Incoming faxes arrive in an online fax portal and we send an email notification when one lands. Outgoing faxes are sent from the same portal.
There is no analog fax line. A physical fax machine connected to the service may not work, for the reasons set out under Things outside our control.
We are not liable for missed faxes. A fax depends on the equipment, carrier and network at the other end as much as on ours, and neither side controls the whole path. We are not liable for any fax, incoming or outgoing, that fails to send, fails to arrive, arrives late, arrives incomplete, or goes unnoticed.
Digital fax is not a guaranteed-delivery service. If faxing is critical to your business, we recommend keeping a traditional fax line as a backup where one is still available in your area, or confirming receipt by another route.
Email notifications are a convenience, not a guarantee. They can be delayed, filtered as spam, or blocked by your mail provider. The portal is the record. If a fax matters, check the portal rather than your inbox, and confirm receipt with the person at the other end.
While your account is active and in good standing, we grant you and your staff a limited, personal, non-exclusive, non-transferable licence to use our desktop and mobile apps and the customer portal for your own business use. The licence ends when the service does.
You may not resell, sublicense or redistribute the software, reverse-engineer it or attempt to derive its source code, or remove any proprietary notices from it.
We may push updates, firmware and security patches to apps and to telephones on your account. Some of these are necessary for the service to keep working, and we may install them without notice.
Where you connect the service to another system, such as a CRM, Microsoft Teams, a helpdesk or an AI assistant, that system is governed by its own terms, not by this agreement. Sending your data to it is your decision.
We are not responsible for a third-party service’s availability, security, or handling of your information.
Your numbers are yours to keep. Under the number portability rules set by the CRTC, the Canadian Radio-television and Telecommunications Commission that governs our industry, you have the right to take your telephone numbers with you when you change providers. That applies both to numbers you ported to us and to numbers we assigned you when you joined. We do not treat them as ours to hold, and we do not charge a fee to release them.
You can move your numbers to another provider at any time. We will not delay, refuse or obstruct a port-out request, except where one of the following applies:
Numbers that have not been ported away by the time your service ends are returned to the carrier and may be reassigned to someone else. The timing is set out under How you end the agreement.
You authorize us to port your numbers. When you ask us to move a number, you authorize B1 Communications and its designated agents to act on your behalf with your existing provider, to submit and manage the port request, and to receive whatever information is needed to complete it. You authorize your existing provider to release that information to us.
Requesting a port confirms the numbers are yours. Submitting a port request is your confirmation that you are the owner or authorized subscriber of every number listed, and that you have the authority to move them. If a number turns out to belong to someone else, or you were not authorized to move it, that is your responsibility.
Accurate information is what makes a port succeed. The details you give us must match your existing provider’s records exactly: the business name, the service address, the account number and the numbers themselves. A copy of your most recent invoice is usually the fastest way to get this right. Mismatched details are the most common reason a port is rejected.
Do not cancel your existing service. Keep your current account open and in good standing until the port has completed. Cancelling early releases the number back to the carrier, and once that happens it is usually gone for good. An outstanding balance with your existing provider can also block a port.
Dates are targets, not guarantees. The port date is set by the carrier releasing the number, not by us. Some numbers cannot be ported at all. A short interruption to calling is possible while a number cuts over.
We are not liable for what happens during a port. Porting depends on carriers and systems we do not control. We are not liable for any loss or damage arising from a port request, including a delay, a rejection, a rescheduled or missed port date, an outage or interruption during the cutover, or the loss of a number during the process, whether caused by us, by your previous carrier, or by anyone else in the chain.
We will keep you updated throughout, and we will chase a delayed or rejected port on your behalf. We cannot guarantee the outcome.
Support is open to your whole team. Anyone at your business can call us with a problem: a phone that won’t register, poor call quality, a voicemail box that isn’t behaving. We don’t ask for authority before helping someone fix something.
Changes that affect your bill need an authorized contact. Adding or removing extensions, changing your plan, ordering hardware, enabling international calling, and anything else that changes what you pay can only be actioned by someone with authority on the account. That normally means your office manager, your signing authority, or your billing contact.
Tell us who those people are, and tell us when they change. Anyone contacting us on their behalf will be asked to authenticate before we make a change or release account information.
We rely on our records of who is authorized. We are not obliged to mediate a dispute between people at your business over control of an account, and where there is one we may decline to act until it is resolved.
We require 30 days’ written notice to cancel your service, and the return of any leased equipment.
The full cancellation terms, including how your final invoice is calculated and what happens to your equipment and telephone numbers, are set out under Equipment.
We have created a cancellation guide for your benefit.
We are required by law to cooperate with law enforcement and investigative government agencies. Where a lawful request is made, we may be required to disclose your name, telephone number, credit information, account details, use and length of service, IP address and similar information to the requesting agency.
Our Privacy Policy sets out how we handle these requests in more detail.
Next sectionBillingOur terms and services are organized across several pages for ease of reading. Together they make up our entire agreement.The terms below apply to every account: invoicing and payment, taxes, price changes, late fees and suspension, billing disputes, usage charges and cancellations.
We invoice electronically, to the billing email address on file for your account. Each invoice covers the following month’s service, together with any past balance and any unbilled usage, services or hardware from the current billing period.
Full payment is due on receipt of the invoice, on the first business day of each month. Complete payment and account history can be requested through your account manager or a customer service agent.
We accept Visa, Mastercard, American Express and Pre-Authorized Debit payments, often called ‘PAD’. Billing is automatic and charged to the card or pre-authorized account upon receipt of the invoice.
Every price we quote is exclusive of tax, wherever that price appears: proposals, website, brochures, email and any other communication. GST and any applicable provincial sales tax are added to your invoice.
Prices also exclude government and regulatory charges that we are required to collect or are entitled to recover, including E911 fees and telecommunications contribution charges. Where those change, the change flows through to your invoice on the date it takes effect.
If you are a tax exempt organization, we require valid documentation before we can remove tax from your invoice:
An exemption applies from the date we receive and accept your documentation. We do not apply exemptions retroactively or refund tax charged on earlier invoices.
Keeping your exemption current is your responsibility. Tell us as soon as it expires, changes or is revoked. Where an exemption turns out to be invalid, expired or wrongly applied, you are responsible for the tax owing, together with any interest or penalties charged to us.
Your monthly rate is the rate set out in your proposal. Where your proposal includes a price guarantee or a rate fixed for a set period, that provision governs and we will honour it for its term.
Otherwise, we will give you at least 30 days’ written notice to your billing email address before any increase to recurring charges. If you don’t want to accept an increase, you can end the agreement under the 30-day notice period.
Usage charges for international calling, toll-free minutes and higher-cost regions are billed at the rate in effect at the time of the call.
Where you ask us to add billable services, such as additional users, conference lines or other paid features, we apply the change to your account and the increased amount appears on your next invoice. We do not prorate increases or decreases: a change made part-way through a month is reflected in full on the next invoice.
Requests to add or remove billable services must come from an authorized contact, as set out under Who can make changes to your account. Changing your extension count may also change your per-user rate, as set out under Volume pricing.
A request to add users, telephone numbers or other billable services is treated as your authorization to add the associated charges to your account. We will not quote or confirm the new amount at the time of the request unless you ask us to. Your rates are set out in your proposal, and every change is itemized on your next invoice.
Accounts are subject to a minimum monthly charge of $100. Where your services total less than that, your invoice is billed at the minimum.
The per-user rate quoted in your proposal can change when your extension count does. Removing extensions may increase it, and adding extensions may lower it. We’ll confirm your new rate before any change is made.
What unlimited means. Unlimited calling is provided on the basis of one line per extension. An extension carries one call at a time, so the number of extensions on your account sets the number of calls your business can have in progress at once. A business with five users has five concurrent calls. Where you need more than that, let us know and we will upgrade your plan to our call centre plan, which includes higher call volumes.
This excludes accounts classified as call centre use, which are priced and provisioned separately.
Normal call volume. Where your call volume exceeds our average customer call volume across the network by more than 30%, calculated by extension or by business, we classify the account as call centre use. Call centre use is priced on its own tier. Where that applies to you, we will give you 30 days’ written notice before moving your plan to that tier. Fair use is set out in our Acceptable Use Policy.
Inbound toll-free. We reserve the right to charge for inbound toll-free minutes at an industry rate of $0.04 per minute. You can request detailed billing for any period where toll-free usage has been charged.
Higher-cost North American regions. Some regions within North America fall outside the standard calling rates included in unlimited North American calling. These are usually rural communities without standard telephone service from a national carrier. We will notify your billing email address before per-minute charges apply to those regions.
Overdue accounts. We may suspend toll-free calling, rural-community calling and excess-usage capability where there is a non-payment or an overdue balance on the account.
We reserve the right to block all outbound international calling at our sole discretion. Reasons may include account tenure, credit rating, payment history or historical calling patterns.
International calling is enabled by user. We can turn it on or off for individual extensions, so it is worth enabling it only for the people who genuinely need it.
You are responsible for usage charges on any extension where international calling is enabled, including calls placed by your own staff or contractors that they were not authorized to make. Charges arising from an outside party breaking into your system are covered by us, as set out under Fraud and unauthorized use. We may require an additional deposit and may cap the total amount of international calling available on the account.
We may suspend international calling without prior notification for reasons including non-payment, over-usage, suspected illegal activity or a possible security breach.
International rates apply to any number dialled from your account, subject to the toll-fraud protection under Fraud and unauthorized use. Rates are subject to change without notice. Contact your account manager for current rates.
| Late Payment (Account not paid within 30 days of the invoice) | 5% + $25.00 |
| Returned Cheque / Wire Transfer / PAD | $25.00 |
| Reconnection after suspension | $50.00 |
Accounts that remain unpaid for sixty (60) days or more are deemed delinquent. Delinquent accounts are placed on accounting hold and service is suspended until the account is paid in full. The reconnection charge above applies before service is reactivated.
If a balance is not paid as agreed, you agree to pay any applicable collection fees. In the event of a lawsuit to collect an unpaid balance, you further agree to pay court costs and reasonable legal fees.
Disputes about monthly service, hardware or premium services must be made in writing within six months of the invoice date. This includes a dispute over an invoice you did not receive but which was charged to the credit card or pre-authorized debit on file.
A dispute over part of an invoice doesn’t change your obligation to pay the part that isn’t in dispute. Where we find an error in your favour, we apply a credit to your account.
Mistakes happen. Where an invoice is wrong, or you spot something that does not look right, we will look back through up to six months of past invoices to put it right.
The six-month window runs both ways. It applies where a mistake was in your favour and where it was in ours, so an amount we undercharged can be corrected on the same basis as one we overcharged.
Corrections are issued as a credit to your account, not as a refund. The credit is applied against your next invoice, and anything left over carries forward.
Signing your proposal commits you to the first month of service outlined in the proposal. The first invoice is generated once your service has been set up or within 30 days, whichever comes first.
If you decide not to move forward with your account setup and telephone services, your first month’s invoice is payable.
Unless otherwise outlined in your proposal, our service runs on a rolling 30-day contract. It continues automatically until either side ends it, and it never rolls into a longer term.
Cancelling requires 30 days’ written notice.
If your proposal sets a fixed term. Some proposals set a term in exchange for better pricing, for wholesale services and other scenarios. Where you cancel before that term ends, an early cancellation charge of 50% of the monthly recurring charge for each month remaining in the term becomes payable, and appears on your final invoice. This charge reflects the cost we carry when an account ends early.
You may terminate this agreement by submitting a written termination request to the address listed under Notices. Requests received before close of business start a 30-day notice period.
We do not prorate invoices. Where your service is still active on the date we bill, you are charged for that full month.
That said, we apply common sense to the timing. Where your notice period ends only a few days into a new billing month, we will normally bring the end date forward rather than charge you for the extra month. Tell us the date you are aiming for when you give notice and we will accommodate it where we reasonably can.
All telephone numbers associated with the account are terminated along with it. If you want to keep a number, port it to your new provider before the termination date.
You must return any leased equipment within 14 days of the cancellation date, as set out under Cancellation of Lease.
If something is wrong, we do our best to reach out and work through any issues with you. If we are unable to come to an acceptable conclusion, we may request that you find an alternative provider, under the following three scenarios:
1. With 30 days’ notice. We may give you 30 days’ written notice, sent to your billing email address, to find a new provider, for legitimate business reasons, including but not limited to a violation of our Acceptable Use Policy or a breach of these terms. During that period we will help you port your numbers. You are responsible for arranging new service, returning any leased equipment and settling your balance. Your numbers are released once the balance is paid.
2. Without notice. Where we have reasonable suspicion that you are breaking the law or breaching our Acceptable Use Policy, we may suspend or cancel the service immediately and without notice.
3. For non-payment. Where an account remains unpaid after 60 days, we may terminate the service and release the telephone numbers on it.
Voicemail, call recordings, call history and portal settings are deleted within a reasonable period after your account closes. If you need copies, download them before your termination date, or ask us while the account is still open and we’ll help. Once an account is closed we may not be able to retrieve anything from it.
Retention is covered in more detail in our Privacy Policy.
Next sectionEquipmentOur terms and services are organized across several pages for ease of reading. Together they make up our entire agreement.The telephone equipment that is used on our network and how we handle it. This includes your own BYOD devices, purchased and leased telephone equipment and accessories.
Where you buy a telephone outright, you own it. Any manufacturer’s warranty passes through to you.
Phones we supply are provisioned to work on our network. If you leave, a phone you purchased stays yours, though it will usually need to be reconfigured before it will work on another provider’s platform. We will release a phone you own from our provisioning on request.
Bring your own device (BYOD). You are welcome to bring your own SIP telephones, provided they are a model we support. Tell us what you have before you sign up and we will confirm whether it will work on our network.
We do not warrant hardware we did not supply and we cannot repair faults in it. Where a problem is caused by your own equipment, our support is limited to confirming that our service is working correctly.
Our team will use best efforts to program your equipment for our network. Where that takes longer than two hours, the additional time is charged at $70.00 per hour.
Some features may not be available on a handset we did not supply.
Unless purchased, all equipment installed and/or setup at your premises remains the sole property of B1 Communications Inc. at all times. That includes VoIP ATA devices, routers, switches, phones, cables and power bars.
Leased and promotional hardware is provided for as long as you are a customer in good standing. You may not sell, transfer, lease, encumber or assign any of it, in whole or in part, to a third party.
During the course of use, we will replace leased equipment free of charge within reason. This includes warranty related issues along with physically damaged phones. Where equipment on your account is repeatedly damaged or lost, we may charge for further replacements rather than continue to supply them at no cost.
When your service ends, all leased equipment must be returned within 14 days of the cancellation date.
Unless we have told you that our team will collect the equipment, you are responsible for shipping it back to us, packaged well enough to ensure it arrives undamaged.
B1 Communications Inc.
Unit 316 – 71 W 2nd Ave
Vancouver, BC V5Y 0J7
Telephone equipment must be returned in reasonable condition, allowing for normal wear and tear. Anything not returned, or returned damaged beyond normal use, is billed to your account at retail price.
You are responsible for the full retail cost of repairing or replacing any equipment that is lost, stolen, damaged, unreturned, sold, transferred, leased, encumbered or assigned, together with any costs we incur in obtaining or attempting to obtain possession of it.
Phones you purchased and equipment you brought yourself stay with you.
We recommend creating a label for each of your telephones. It should explain how E911 differs from traditional 911, and include the local address of the phone it is attached to.
That way anyone can read the address out if an operator asks for it, including new staff, visitors, and anyone calling under pressure.
If you move a telephone to a different address, update the label at the same time you tell us the new address. The detail is under Emergency Calling (E911).
Headsets, expansion modules, sidecars, conference speakers and similar accessories are sold rather than leased. You own them, and the manufacturer’s warranty applies.
B1 Communications does not provide support for headsets or accessories. Support comes directly from the retailer you purchased them from, or from the manufacturer.
We will advise on compatibility, but we cannot guarantee that every accessory works with every handset, and we do not repair faults in accessories.
Phones you purchase outright are covered by the manufacturer’s warranty, not by us. The manufacturer sets its own terms, coverage period and claim process, and those apply between you and them. We pass the warranty through to you and will help you make a claim where we can, but the outcome is the manufacturer’s to decide.
Leased equipment is covered by our replacement program for as long as you are a customer in good standing. We replace leased equipment free of charge within reason, including warranty faults and physically damaged phones. Where equipment on your account is repeatedly damaged or lost, we may charge for further replacements rather than continue to supply them at no cost.
Our replacement program does not cover liquid damage, power surges, misuse, unauthorised repair, or a fault caused by equipment or cabling we did not supply.
Where a replacement is needed we will ship one to you. Please return the faulty unit. Units that are not returned are billed at retail price.
Your telephone system runs on our hosted platform rather than on a box at your premises. There is no PBX hardware for you to buy, house, power or maintain.
We own, operate, maintain and update the platform. Updates, security patches and new features are applied by us, and some are applied without notice where they are needed for the service to keep working.
The platform remains ours at all times. Your right to use it lasts for as long as your service is active, as set out under Apps, the portal and software.
Next sectionLegalOur terms and services are organized across several pages for ease of reading. Together they make up our entire agreement.The clauses that govern the agreement itself. Standard in shape, and we’ve tried to keep them readable.
We will provide the service with reasonable skill and care, and in compliance with the laws that apply to us.
Beyond that, and to the fullest extent the law allows, the service is provided as is and as available. We make no other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted or error-free, and, unless expressly agreed in writing, we do not provide a service level agreement or guarantee any particular level of availability, uptime or performance.
Where we supply hardware manufactured by someone else, we pass the manufacturer’s warranty through to you as far as we are able to.
Neither side is liable to the other for indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, lost revenue, lost business opportunity, loss of goodwill, or loss or corruption of data, even where that side was told in advance those losses were possible.
Our total liability to you, for all claims arising out of or relating to this agreement, is limited to the recurring telephone service fees you paid us in the six months before the event giving rise to the claim. Hardware, installation, on-site work and other one-time charges are not counted towards that amount.
These limits do not apply to your obligation to pay amounts owing, or to liability arising from fraud, gross negligence or wilful misconduct. Nothing in this agreement limits or excludes liability that cannot be limited or excluded by law.
You will defend and indemnify us against third-party claims arising from:
We will tell you promptly about any such claim, give you control of the defence, and cooperate with you. We may take part in the defence at our own expense. No settlement that admits fault on our part or imposes an obligation on us can be made without our written agreement.
Each side may learn confidential information about the other: pricing, technical detail, customer lists, business plans. Both sides will keep it confidential, use it only for the purposes of this agreement, and protect it with at least the same care they use for their own confidential information.
This doesn’t apply to information that is already public, was already known, was independently developed, or was received without restriction from someone entitled to share it. Either side may disclose confidential information where the law requires it.
Our voice network is in Canada. Calls on our service are carried on our Canadian VoIP network, and your account and call data is stored in Canada by default.
Some of our suppliers and people are not. We use software providers, carriers, contractors and employees located outside Canada. In the course of delivering and supporting the service, they may access, process or store your data outside Canada from time to time. Where that happens, the data is subject to the laws of the country it is in, including lawful access by the courts and authorities of that country.
We require anyone handling your data on our behalf to protect it to a comparable standard, and we remain accountable to you for it. How we handle personal information is set out in our Privacy Policy.
Except for the limited right to use the service during the term of this agreement, nothing in this agreement transfers ownership of our software, systems, documentation, trademarks or other intellectual property.
We may identify you as a customer of B1 Communications. That means using your company name and logo, along with a general description of the services you take from us, in our own marketing — our website, case studies, proposals to other businesses, advertising, social media, newsletters and trade show material.
If you would rather we didn’t, tell us and we’ll stop. We’ll take you out of new material, and remove you from anything we control where it’s reasonable to do so.
Material we produced while you were a customer may stay in circulation, including after you leave us.
Where we use your logo we’ll follow any brand guidelines you give us, and use a current version where you supply one.
We may also reference publicly available reviews and feedback about B1 Communications, along with the name the author published it under. Where we quote a public review we quote it accurately, we do not alter its meaning, and we attribute it to its source.
Neither side is responsible for a failure or delay in performing, other than an obligation to pay money, where the cause is beyond its reasonable control. That includes acts of God, fire, flood, earthquake, storm, power failure, fibre or cable cuts, failures of third-party telecommunications networks or of the public internet, labour disruption, civil unrest, terrorism, war, epidemic, government action and changes in law.
Neither side may assign this agreement without the other’s written consent, which won’t be unreasonably withheld or delayed. Either side may assign it without consent to an affiliate, or to a successor in a merger, acquisition, or sale of substantially all of its assets. This agreement binds each side’s permitted successors and assigns.
We are independent contractors. Nothing in this agreement creates a partnership, joint venture, franchise, employment or agency relationship between us, and neither side may bind the other. There are no third-party beneficiaries to this agreement.
Notices to you are sent to the billing email address on file for your account, and where appropriate to the business address on your account. Please keep both current.
Notices to us, including written termination requests, go to:
B1 Communications Inc.
115 – 1868 Glen Drive
Vancouver, BC V6A 4K4
accounts@b1communications.ca
A notice is effective when delivered in person or by email, or five business days after it is sent by courier or mail. Electronic notices have the same force and effect as paper ones.
We may modify this agreement and the Acceptable Use Policy from time to time. The current version always lives on this page, with the effective date at the top.
Where a change is material and isn’t required by law, we will give you at least 30 days’ notice before it takes effect, sent by email to the billing email address on file for your account. Continued use of the service after that date means you accept the updated terms.
Before either side starts legal action, each will appoint someone with authority to speak to the other and make a genuine, good-faith attempt to resolve the dispute.
If that does not resolve the dispute within 30 days, it goes to mediation before either side starts a court proceeding. The mediation takes place in Vancouver, before a single mediator agreed between us. If we cannot agree on a mediator within 14 days, either side may ask Mediate BC to appoint one. Each side pays its own costs and we share the mediator’s fee equally.
Either side may go to court without mediating first where it needs an urgent injunction or other interim relief, or to recover an undisputed amount that has not been paid.
This agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada that apply in it. The courts of British Columbia have exclusive jurisdiction, and both sides submit to them.
Except for claims about unpaid amounts, no claim relating to this agreement may be brought by either side more than two years after the cause of action arose.
Where the documents that make up this agreement conflict, they take precedence in this order: your signed proposal, then this agreement, then the Acceptable Use Policy, then any other document referred to here.
Terms that by their nature should continue after this agreement ends do continue, including payment obligations, confidentiality, indemnities, limitations of liability, warranty disclaimers, governing law and this section.
This agreement, together with your signed proposal and the Acceptable Use Policy, constitutes the entire agreement between the parties. It supersedes any earlier understanding, proposal, representation or statement about the same subject, whether spoken or written.
If any part of it is held to be invalid or unenforceable, that part is struck out and the rest remains in full force and effect. If either side doesn’t enforce a right under this agreement, that isn’t a waiver of the right and doesn’t prevent it being enforced later.
Talk to your account manager, or reach the Vancouver team directly on 604-674-3000.
B1 Communications Inc.
115 – 1868 Glen Drive
Vancouver, BC V6A 4K4